Mental harassment by wife
My wife left me after 2 months of marriage. i dont know where she stays , no information. she filed a case in women commission, saying i dont stay in touch, whereas she does not picks up my calls.
i went o women commission once, told them the entire matter , she were convinced that i am not at fault. inspite of all this she does not comes back to stay with me. no contact as well. i keep receiving women commission notices every 15 days, but i dont go there any more.
Its been continuing since last 1.5 years. what do i do ? i am scard she will file fake 498a against me and my family. what should i do ? i am mentally upset and also left my job due to mental tension all throughout.
what should i do ?
Asked in Family Law from Jaipur, Rajasthan
1) since your wife has deserted you with just cause file for divorce on grounds of mental cruelty
2) in the vent your wife files 498A case police will issue you notice . your statement would be recorded .
3) police will submit its report to magistrate whether any case is made out against you or not .
4) you can obtain bail from court and contest 498A case on merits
if you want to live with her then immediately file a complaint before District legal Service Authority, mediation center and pray for the legal counselling with her, the mediation center send a notice to her address which will be mentioned in her complaint filed before women commission. before the mediation center try to settle the matter amicably with her with the help of the mediator, if not possible then you may file a divorce petition before family court based on cruelty u/s 13(1)(ia) of Hindu Marriage Act-1955.
you may also file a information cum complaint before higher authority as NCW, Commissioner/SSP reagrding your apprehension for implication of false cases like 498A.
Advocate, New Delhi
1) Women's Commission of is not the right forum to decide your marital dispute. It has only mediatory powers. Your not attending its sessions won't be of much consequence now.
2) If you want your wife to come back and live with you file for Restitution of conjugal rights. The court will order her to come back to you. If she does not obey the order of the court in one year out can be a ground for divorce.
3) Do not be scared of 498A. Of she files a case you will have the opportunity to contest it on merit of the case. You will have to apply for bail from court.
Hi, if you want to live with your wife then lodge a police Complaint as she was missing from past 1.5 years.
2. You can also file a petition for restitution of conjugal right call your wife to come and live with you.
3. Suppose if she lodge a police complaint for offence under section 498/A ipc then police will not arrest you immediately, you have sufficient time to apply for anticipatory bail in the court and you can contest the case on merits.
1. You are not obligated to go to Women Commission as it is not a court. It can only mediate to reconcile the differences between the spouses. It does not possess any further authority under the law.
2. The possibility of your wife sooner or later filing a case for dowry violence cannot be ruled out as it has become the most abused provision of law in India which is invoked at the throw of a book to harass the husband and his family.
3. However, you do not have to live in constant fear of being implicated. As and when your wife files the case you should immediately seek pre-arrest bail to preempt being arrested and sent to jail.
4. You are free to file for divorce if you do not want to continue your marriage.
You have mentioned that you went to women commission and told them entire matter and that they were convinced that you are not at fault but you have not mentioned whether you submitted your reply to the notice in writing or not.You should give your written reply, if not submitted earlier, to the women commission. Further, file RCR petition in the court under section 9 of HMA. In case, she files any case/ complaint, RCR case will help you.
Advocate, New Delhi
1. What was the reason for her leaving you?
2. Is there any chance of reconcilliation?
3. Attend to the Mahila Commission meeting next time when she arrives there and negotiate with her for mutual consent divorce, if both of you want to terminate matriminial relationship,
4. If she has threatened you filing false 498A case, file a police complaint to that effect and the said police report may insulate you from her's 498A complaint, if any.