• My wife is not willing to come to my place

I am 30 and my wife is 29. We got married on Dec 2, 2022 and became parents to baby girl on Jan 22nd 2024. Ours is love marriage. My wife has elder sister. My wife's brother expired due to covid in June 2021. Since that time my gf (would be wife) forced me to buy a flat in Bangalore where her sister bought so that her parents would live with us. Initially I hesitated but finally agreed to buy the property. Property cost was 86 lakhs. Out of 86, 65 lakhs was loan from bank and I paid 17 lakhs and she paid rest 10 lakhs from her pocket (6 lakhs was registration fee). My mother in law paid for interior and I don't know how much it costed. Monthly EMI of 50k started from Feb 2022. The initial EMI agreement was that she would pay half and I would pay half. The agreement was verbal and not written anywhere. But she didn't pay a single emi. 50k is debiting from my account only. Our house was asbestos so my then gf told to make a pucca house and then only come for marriage. We used all our savings to build a house and I took 5 lakh personal loan. Marriage was done on our side, so for that it costed 25 lakhs. My parents almost cleared the marriage expenses. Here comes the worst part. I used up all my savings for marriage and honeymoon and was left with 0 rupees. My salary at that time of marriage was 65k, which was exactly enough to pay house emi and personal loan. I told my wife about this and informed her to move to my native place which is Nellore. She denied telling that she couldn't adjust in Nellore. So for extra expenses, till today I took 15 lakhs of personal loan to maintain the lifestyle and pregnancy expenses, household expenses, her personal expenses. So house emi and my personal loan both combined, I have to pay 1 lakh per month. I didn't receive a single rupee from my inlaws though they are staying with us. During delivery time, they gave 50k. Apart from that I didn't receive a penny. 
 Since marriage, my inlaws are staying in the house and when my wife and I had any quarell, she immediately jumps into our fight and intensifies it. This happened quite often and I got fed up. I recently got a job which is giving me 160k on hand. If I stay in Bangalore, house emi, personal emi, my lic, her lic, maid, flat maintenance, her expenses, my expenses, household expenses was turning out to be 180k. Still 20k hole from my pocket. I told my wife on 12 Apr 2024 about this and informed her to move to Nellore and put Bangalore house in rent after sending my inlaws to their village. She didn't agree and we had a fight. I left Bangalore and went to Nellore on 12 Apr. Today she sent a notice that I abandoned her, domestic abuse and violence which is false. I went and talked to her in Police Station. She simply told that if I stay in Bangalore with her and my inlaws, she will not file fir. If not she will file case with above issues. What shall I do?
Asked 8 months ago in Family Law
Religion: Hindu

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7 Answers

No need to bow down to pressure tactics 

 

let her file DV case 

 

contest false case on merits 

 

stop paying EMI on loan if you are unable to pay and wife is refusing to pay her share 

 

let flat be auctioned by bank 

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

She can’t blackmail you like this. You can show the evidence in court if any false case is filed. You can also proceed for divorce against her 

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

Dear Sir,

I understand your challenging situation. According to the facts as narrated by you, your marital relationship is at a stage from where it can be saved, nothing would be better than mediation with help of common family/friend. I would suggest you to try to save your relationship as far as possible as you have a child too.  

But if you think that the situation is somewhere which is out of your hand and you may get trapped into false accusation by your partner then I would suggest you to:


  • Keep a detailed record of all financial transactions, including the EMI payments you have made, personal loans, and any expenses related to the household and your wife’s personal needs.

  • Maintain copies of all communications (chats or recordings) with your wife and in-laws, especially any threats or demands made.

  • Communicate with your wife Calculations of your total liabilities and financial burden, including home loan EMI, personal loans, and monthly expenses. Keep in mind that basic necessary expenses of child and wife are covered.
  • As you pointed out that there was verbal agreement regarding sharing of Loan EMI but same has not been complied by your wife and only you are paying those EMIs then try to document those verbal agreement regarding the EMI payments and her failure to contribute (if possible try to communicate this thing with her on whatsapp chat so that she may respond (admit or deny or give any explanation) and keep screenshot of every communication before she delete same)
  • Abandonment and domestic violence are serious allegations. Since you left Bangalore due to financial strain and conflicts, not with the intention to abandon, this context is crucial. You have to keep all the documents ready which shows that you left Bangalore in different circumstances. Try to communicate her over chats / calls and document/record same. Be calm and talk to her politely even if she instigates you. 
  • You have to gather evidences such as messages or witnesses to counter such false allegations. Restaurant bills / shopping bills etc also are good evidences.

  • Talk to her and try for mediation through a neutral third party or mediator (if possible). This could help resolve issues without escalating to legal battles. Emphasize your willingness to support your wife and child but also explain your financial crunch. But keep copy/record of all the communication that you are doing.  

  • Before any interaction with police try to consult a lawyer (family and criminal cases), but before police officer remain calm and provide clear evidence to support your position. 
  • But the most important and crucial point here is:- If you have clear anticipation that your wife may file complaint against you then --- Consult a lawyer immediately for taking legal recourse before she initiate any formal legal action or files any FIR
  • You should keep your family and close friends in loop and informed about your situation for emotional and practical support.

It is crucial to handle the situation with a calm and strategic approach

 

You may consult me if you need further legal assistance. I am currently handling more than 30 similar cases across the country, primarily in Delhi.

 

Thank!

 

Rajveer Singh

Advocate

Rajveer Singh
Advocate, Ranchi
31 Answers

Dear Client,

This is particularly paramount bearing in mind the above complications, which make it necessary to avoid haphazard advancement in this methodical approach to defend your interests and address the concerns adequately.

To begin with, all the records should be kept in order, paying extra attention to your financial activities and the verbal agreements concluded with your wife. Documents to be compiled include the bank statements of EMI payments on the credit cards, written communications of the financial arrangements taken, and loan records incurred for household or personal reasons. It is useful in the event that there is a need to go to court due to some illegality. It is also important that any external influence, especially from in-laws, that has influenced your marriage in a negative way be included.

Next, it is recommended to contact an attorney as soon as possible. If you’re unsure about your rights when going through the process, it would be wise to engage the services of a lawyer who focuses on family law. They can assist you in dealing with the notice that your wife has issued and can make you ready for any legal battle she might launch against you or any accusations she may make, such as abandonment, domestic abuse, and violence, among others. Your lawyer can also explain the legal consequences of your financial agreements and how they can be resolved, for example, by obtaining a legal resolution, continuing the legal process by obtaining legal separation, or seeking legal advice for an out-of-court settlement.

Lastly, in this legal environment, it is the best if you keep talking to your wife calmly and in an understanding manner if you wish to reach a common agreement. You may wish to urge the suggestion to employ mediation as an option to address your disagreements without resorting to litigation. Should the situation worsen and legal processes are the only solution, your attorney will assist you with appropriate defence strategies and, possibly, claims for compensation for the monetary and, respectively, the emotional loss you have suffered. 

Hope this helps!

 

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

Even though the compromise and cordiality is required to continue peaceful married life, it is not advisable to lose your self respect as well as social status just because she has lodged complaint against you.

You may ask her to co-operate with you to run the family without financial constraints or do whatever, you can challenge them properly in the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

If the banglore property is in your name than you can get your inlaws evict from the said property.

Secondly, if your wife is not settling on the terms of yours and reluctant to register an FIR against you than it is advisable to get anticipatory bail on registeration of FIR and after that file a quashing petition before the High Court for quashing of the said false FIR.

Vishek Vats
Advocate, Delhi
90 Answers

- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, regular interference of in-laws is considered as cruelty and a ground for divorce if spouse having no objection 

- Hence, legally she cannot refuse to live with you , and you can file a restitution of conjugal rights petition before the family court 

- Further, as she sent a legal notice then you should reply the same after mentioning that she has abandoned you without any rhyme and reason and you are ready to live with her in the matrimonial house. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

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