• Wife already living separately from last 2.5 years with daughter

Dear Sir/ Madam,
I married on 9th Feb 2011, and living with my mother and my father is not more. My Wife is living separately from last 2.5 years with my daughter (5 Years) with her brother home. She has not filled any complaint till date. Her family is teaching wrong things to her specially her mother. She is asking owner ship in property. I have purchased one flat on which loan is going on. She and her family threatened me and my family from the first day of marriage. I am living with my mother and this flat is in my name. We tried so many times to speak with them but they are not responding properly and behaving very bad and using abusing language and same threatening dowry case, Domestic violence case. 

Please confirm the below points
1. What is the best way is it possible to out of court settlement, they are not responding any welfare organisation who can settle it out of court.
2. what type of case i can file? I know their is no rights for men in our law all laws for women?
3. Related to Property Flat and one plot ? can i transfer this flat and plot to my mother name or my sister( Married) name. can she claim after transfer want to gift dead to my mother or sister (Married). and also my home which is not in my name and also not on my mother name ownership is with my Grandfather. can she claim.
4. What about maintenance part? she is teacher in govt. school and earning 70 K and I am earning 1.3 Lac. what about my daughter I have to give maint. for my daughter if yes then how much I have to give? or she can claim for past 2.5 Years also or not?
5. Its almost 2.5 years gone she has not filled any case against me and my family. Now what type of case she can file after 2.5 years. and what is the significance of these case filled after 2.5 Years. 
6. what will be the best Section 9 or Divorce Section 13 If I file a divorce what will be the demerits against me please suggest what will be the better way if i will go through legal channel.
7. is their any law I can ask them to give my daughter back to me?
8. I have transferred her salary into my mother account or my account after keeping her expenses in her account all the home expenses and EMI paid by me. Can she claim this amount also or not.
9. if She file FIR can arrest me and my mother. can i file advance bail application.

why these girls and girls families are misusing 498A section. spoiling the life of their own and new born children's and boys. their should be some rule to save life of families which are spoiled due to misusing of this section. SC has given new judgement which is again same thing now only they have to form new Family welfare committee. I think should be some penalties on the wife and her family for filling the false claim like Imprisonment with penalty for harassment to men's family then before filling the FIR they will think 100 times. then these case will be reduced and all the families will be settled. 

Please help me to answer.
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

I guess you have already read all the law, for rest of the queries following is my advise:

If you do not want to live together, it is better to file a divorce case rather than section 9.

You can get the custody of your child by giling an application under guardianship and wards act, in interim relief whereof you can claim the bisitation rights.

You have already perused the judgement of the Hon'ble Apex court and as per which no automatic arrest is their in cases of dowry and confidential, and this was last settled bh the court in the case of arnesh kumar.

Can not tell mathematically as to what maintenance will be fixed by court, it depends from case to case.

You can not file any case but she can any day file FIR or a suit for maintenance.

P.S.: dont rely much on google for legal help

Regars

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Without her consent you can do so.You will have to wait til you can manage to convince her.

2.You can file suit for restitution of conjugal rights.

3.Wife has no share in the proeprty of husband.So you can gift it to your mother.

4.You will have to maintain your daughter which should be around 15-20%.

5. She can file both DV or 498A.

6. Either of the two will do.

7.File custody suit .

8.Yes ,she can claim this. You did not do right thing by depositing her money into your a/c.

9. Now arrests has stopped in 498A cases.You can though file AB after FIR.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

1)both can visit a family counsellor to resolve your differences

2) in the alternative call meetings of elders of both families

3) you can file petition for RCR under section 9 of HMA

4) you can transfer your flat by gift deed to your mother

5) you can transfer plot in your married sister name

6) wife has no ownership rights on property standing in your name

7) at most she can claim right to stay in her matrimonial home

8) you will have to pay maintenance for your daughter .

9) since wife is highly qualified and working earning around Rs 70000 per month she would not be awarded maintenance

10) wife can file 498A / DV case against you and your family members

11) if you dont want to stay with your wife file for divorce on grounds of desertion and mental cruelty

12) you can file application in divorce petition seeking joint custody of your daughter

13)you can seek AB only after FIR is lodged

14) there is no automatic arrest in 498A cases . police has to issue you notice to record your statement

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. If she is not coming for any compromise then you have no option than to approach court for relief.

2. You can file a divorce case on the grounds of desertion.

,3. You don't have to transfer the property from your name, she has no rights in it

4. You can repudiate her maintenance claim on the grounds that she is employed and drawing a handsome salary.

For daughter you may have to pay maintenance as ordered by Court.

5. You can better file a divorce case on the grounds of mental cruelty and desertion.

6. Any case filed by her now may not be maintainable.

7. You can file child Custody case.

8. No

9. Without a criminal complaint you cannot obtain AB.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1. All the citizens of the country have their own rights in all legal issues.

2. You cannot be forced to leave your mother for the sake of compulsion from yor wife.

Let she file any type of case, you dont deter from your determination to take care of your mother

The cases filed by her will look dreadful in the initial stage but as you get into the trial proceedings, you can easily nullify it because they are are based out of false and fake contents.

3. The latest supreme court judgment clearly states that any case against the relatives of the husband by the wife has to be thoroughly investigated before making any arrest and for arrest the magistrate's permission is to be obtained, hence by the time she is able to file one cae against them she will become fed up by running from pillar to post because the police are instructed to not to entertain false cases especially agaisnt the relatives of the husband in dowry harassment cases.

4. Since such cases are handled by police, you have relief of filing a case against the police for malicious prosecution alone and not aainst the defacto complainant

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

1) husband can file petition for RCR

2) mother can file DV case against DIL , BIL

3) mother can also file complaint before senior citizen tribunal against DIL: and seek orders to restrain DIL from evicting her from son flat

4) if false case has been filed and false statement made on oath action can taken against them for perjury , fabrication of evidence

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello,

Sorry. But there is no such direct right available to men. If she will wish to she can file complaint against all your family members. You can give my reference and talk to Mr. Tanishq Panwar at [deleted]. He is an associate at the offices of Panwar and Associates.

They are expert in family Law issues.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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