• Wife not coming back rather filed complaint in woman cell

I have been married since 2015 and had a son in 2016. Since marriage we have been living separately from my parents due to my job.My wife's brother is IPS officer and other is doctor.So right from marriage they have been threatening me of jail over every petty issue. My wife delivered baby at my parents as she refused to go to her place . Since her family was not on talking terms with us they didn't ask and we didn't inform them. When they came to know about child birth 15 days later my bil abused and threatened me . Thereafter me and wife had quarrels and she left for her place in August 2016 with our son. My parents tried to talk to her but she sent them very abusive messages.In december 2016 her brothers, other relatives, parents went to my parents place and abused my father and asked for money. My parents requested them not to break alliance but eventually they had to call police and DDR was lodged .One week after going back they lodged complaint in CWA cell mentioning dowry demand, domestic violence, unnatural sexual offences, molestation by fil. We have tried to talk them through many people of their city but they are not ready to talk. Girl is not coming to CWA cell for counselling but her brother (IPS ) is influencing the CWA cell in-charge and forcing them to lodge fir. How can I save my marriage and my very old and sick parents from this litigation?
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) if FIR is lodged of 498A, 377 of IPC you should file petition in HC and seek stay against your arrest and thsat of your family members

2) you can file petition for RCR in family court

3) however please note that even if you get decree you cannot force wife to stay with you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) you can seek visitation rights for child

2) court would not award you custody of your son as he is only one year old

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

The custody of the child is very difficult,more so, considering the infancy of the child.

However you will get order to have periodic visitation of the child.

You can attend counselling in CWA Cell but if the talk fails then she may register FIR.

However nothing to worry as you will easily get bail and once you get that there is nothing to worry at all.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

In this present case you should file a case under Hindu Marriage Act section 9 at the place where you are staying and pursue it. Also do mention all the facts and circumstances that happened after your wife left . In the complaint do mention about the profile of your IPS brother in law as this will come handy at later stages.

She will have to reply to this case and in case she does not reply you may pursue to file a Divorce case. As she has left your home herself and you are willing to keep her back - she would not be able to claim maintenance for herself.

Custody of Son is not possible atleast till he is five year old but you should file a case under Gurdian and Wards act at the city where your wife is staying with the child. This case will help you keeping your rights of visitation to your son intact.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You can not save your marriage if your wife does not want to stay with you in matrimonial relationship.Moreover, when she has bought molestation charge against your father, then there is hardly anything left in your relationship.

2. She has already lodged the complaint for which you shall have to try to convince the CWA person about the innocence of you and your parents.

3. If FIR is registered against you, all the accused shall have to take anticipatory bail from the Court.

4. Engage an experienced lawyer having expertise in this field to defend you and your family members.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Mother is considered as the natural guardian of her child up to his/her 5 years of age.

2. So, in your case, your wife will get custody of your child at least till he is 5 years old.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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