Issue legal notice to where to return to her matrimonial home
2) if she refuses file for divorce on expiry of one year of marriage
3) apply for and obtain anticipatory bail from sessions court if wife files false dowry harassment case
Need advice on the most appropriate course of action after my wife has left the house for the third time within the first year of our marriage. Her family, including her father and eldest sister's husband, has repeatedly threatened to throw me and my elderly parents to jail. Before leaving my residence, my wife called the police and the Women's Helpline. Her relatives has now started sending me fake allegations of physical assault via SMS. Please advise suitable course of action, as I don't see my future with her anymore and her impulsive nature has no area of improvement.
Issue legal notice to where to return to her matrimonial home
2) if she refuses file for divorce on expiry of one year of marriage
3) apply for and obtain anticipatory bail from sessions court if wife files false dowry harassment case
1. This may be the precursor to commencement of litigation against you under the provisions of IPC for dowry harassment and DV Act.
2. Immediately serve a lawyer's notice to her to ask her to resume her conjugal duties, and if she does not do so then consider filing a petition under Section 9 of HMA. Alternatively, you may apply for divorce too.
3. Also send an advance intimation to jurisdictional police station (a potent weapon which most husbands underestimate) wherein you should express and articulate your apprehension of being framed by her.
1. Send a legal notice to your wife, to forthwith join you in your marital life.
2. If there's no positive response from her to the legal notice, file for Restitution of Conjugal Rights.
3. Or convince your wife to agree for Mutual Consent Divorce, which saves time and money. You can start your life afresh after obtaining MCD.
If your wife has left home multiple times and there are threats and false allegations:
Act promptly with legal support. For detailed advice, consult a lawyer. Hope this helps. Reviews are appreciated. Thank you! Shubham Goyal.
Few legal precautions are required to be taken. you should refute allegations. Ensure safety of parents and other family members. Consult with details to explore other remedies.
Dear Client,
With the threats, false allegations, and insistent departures becoming a routine, it is high time that you respond to a very bleak situation. Hammer in her implementation of threats along with the family by filing a preventive complaint to the police so that it doesn't affect other cases. Preserve all evidences like SMS and call logs as your other defense pillar. Get a legal opinion drummed on probable acts such as Domestic Violence or 498A IPC, and if need be, petition for anticipatory bail for you and your parents. If it becomes apparent that joint nature of debate has lapsed, you should send a legal notice seeking mutual consent divorce to resolve the matter so the couple may be left alone and fight the points with full strength separately. For possible reconciliation, mediation and counseling may be considered. Your right and that of your family to defend themselves from law needs to be packaged into one: Keep it all out from the courts.
It is advisable to handle this situation carefully to protect yourself and your family from false allegations and legal troubles. Here is the most appropriate course of action:
Document Everything: Keep a record of all communications, including SMS messages, emails, and call logs. If possible, preserve CCTV footage or witnesses' accounts that can establish your innocence.
File a General Diary Entry: Visit the nearest police station and file a general diary entry or a Non-Cognizable Report (NCR) about the threats and the pattern of behaviour exhibited by your wife and her family. This will provide evidence of your concerns should any case arise.
Legal Notice or Mutual Separation Proposal: If reconciliation seems impossible, consider sending a legal notice to initiate mutual separation or divorce proceedings. This will formally convey your intent to end the marriage on legal grounds.
Avoid Confrontation: Avoid direct communication with your wife or her family to prevent escalation. Always use legal or mediated channels for any interactions.
Consult a Lawyer: Engage an experienced family lawyer to guide you through the legal process and help you file for divorce if required. The lawyer can also assist in seeking anticipatory bail to safeguard you and your parents in case of false criminal complaints like 498A (Dowry Harassment).
Seek Counselling Support: If you feel emotionally distressed, consider professional counselling for yourself and your family to cope with the stress of the situation.
Taking proactive steps will ensure that your rights and those of your family are protected while navigating the legal and emotional complexities of the matter.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor
1. firstly file a complaint against her in your local area's womens cell police station. take help from an influential person and put pressure on the police.
2. be prepared to pay maintenance/alimony- it may seem gloomy but it is the truth of the indian legal system. you have to be ready to pay maintenance and/or alimony.
3. start sending her messages that you did not even ask for dowry in your marriage and get an affirmative answer from her and keep that recorded.
4. file for divorce.
5. block the relative's numbers
6. if all goes south, you can start giving complaints from your parent's side that she has been torturing them.
The attitude of your spouse clearly indicates her intention either not to continue the married life peacefully or her intention may be to take you out of your home to live separately away from your parents house.
In any case you will be the sufferer.
Even if you plan to take her to marital counselling she may not respond favorably
In this situation you may document the incidents as evidence in your side and then issue a legal notice asking her to return to matrimonial home or to agree for fiolin mutual consent divorce if she is not willing to continue the married life.
You can mention that her acts and posing threats of implicating you and your family members in false criminal cases are nothing but the acts of cruelty she unleashes against you without any reason.
You may insist that her such acts my end up in compelling you to initiate divorce case on the grounds of cruelty if she is not resorting to amicable ways either to continue the married life or dissolve the marriage by mutual consent divorce.
Subsequently you may initiate institution of divorce case on the grounds of cruelty and take precautionary measures of applying for anticipatory bail if she resorts to criminal complaint with false allegations.
You both can at the most go for counselling in said matter. It’s better you file a police complaint about the same so that in future it may help you
File a divorce in Family Court. Any criminal complaints filed by her will be seen as only a reaction to divorce case. But she cannot be prevented from filing complaints against you. Divorce case will help you in seeking quash of complaints.
- 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- You can lodge a complaint against her before the police and higher official after mentioning that she usually left matrimonial home after fighting with your old aged parents and further threatening for implicating ;in false case.
- If you want to live with her then file a suit for restitution of conjugal right before the family Court.
You can contact me , if further suggestion needed.