• Wife buys items on credit without husband's knowledge!

My wife claims she has gone to a jeweller and ordered a jewellery, without any prior knowledge of mine. And she says she has given my particulars to the jeweler who will claim the payment from me in EMI. Even the jeweller is unknown to me and I have not been told who that is. She says this to me in a threatening tone. I have a video footage of her saying this to me. Also, she says she will do such things in future unless I pay her 2000 rupees per month. What must I do? I am being harrassed lately by her like this.
Asked 1 year ago in Family Law from Bengaluru, Karnataka
Religion: Hindu

See first of all take your credit card from her.

Secondly settle issue among yourself amicable.

Thirdly you can pay her a fixed amount month for her expenses.

Fourthly if there is some issue you can settle it with help of family elders and marriage counsllor.

Wife under indian law has right to take maintenance from husband even on divorce or without taking divorce so she can file a maintenance application under crpc 125.

Now to the other side there is option of divorce if there is harresment and cruelty from her side you can divorce if you both are not compatible and she is regularly being cruel to you. You can file a divorce in family court on ground of cruelty but that is extreme step taking a divorce before that try solving it among yourself. Give her a small.amount every month and she can utilise it even you go for divorce she can ask maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

1) You have to talk to her and ask her to manage all home expenses, tell her all your income plus expenses and installment and EMI etc.

2) Talk to her in positive manner show faith on her and ask to you will be a gold ornament from branded goldsmith of your city.

3) Actually this is normal husband - wife dispute and that is happening in each one's house. Try to take her to counselor. who will guide her hoe to maintain house expenses against income.

Ganesh Kadam
Advocate, Pune
8481 Answers
70 Consultations

4.9 on 5.0

Dear Sir, it is purely family matter, it bring notice to your parents/elders/well wishers to convience her and to lead peaceful life without any disturbance and not do anything without knowledge of you, I sure the parents and etc., they are convineced to her for the same. If she will not hear and learn lesson, you have to take legal action in this regard by claiming physical and mental harassment on you and give police complaint in this regard, it will be very helpful to your matter in future if your wife given false complaint against you. All the best.

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

Okk now considering all the facts and in light of all facts stated by you first of fall without your approval and signature the jeweller cannot give her jewellery on emi of this has been done file FIR against both of them for cheating and fraud for false documents on your name.

Secondly since you do not want to atay with her there are two options for divorce first by mutual consent which I doubt she will agree.

Second is by contested divorce under section 13 of hindu marriage act on ground of cruelty that your wife is purposely harnessing you. Present all the evidence before court along with you divorce petition. Further if she files any maintenance application you have to contest same on ground they are extorting money from you and there is no purpose in marital relationship.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Refuse to pay for jewellery ordered by wife

2) since you did not place order no question arises of making payment

3) do not bow down to pressure tactics by wife

4) however you must give her some pocket money to meet her expenses

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

Wife has no share in property standing in name of your father

Wife is not entitled to 50 per cent of your salary

Record all wife threats

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

Dear Sir,

Her behavior shows that she would create trouble in your future life and it may lead to filing of divorce petition also.

There are only two options for you either to save the marriage or go divorce. The possible FAQs which are asked under such situations are as follows.

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Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR?

Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

Kishan Dutt Kalaskar
Advocate, Bangalore
4750 Answers
141 Consultations

5.0 on 5.0

If you don’t want to stay with wife file for divorce on grounds of mental cruelty

2) wife constantly threatening husband amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
69586 Answers
4181 Consultations

5.0 on 5.0

This is your responsibility till she is your wife and you are responsible to her acts.

You need to speak to her and clearly maintain that you can not afford all this and will be forced to take a drastic decision.

Vimlesh Prasad Mishra
Advocate, Lucknow
5792 Answers
19 Consultations

4.9 on 5.0

1. No case stands as of now for her giving such threat to buy jewelry against installment payments to be made by you without your consent till she does the said act.

2. However,Rs.2K towards pocket money of wife is not at all a big amount which you may think of paying her if it cools her down.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

1. If you do not want to stay with her, then you shall have to file a divorce suit and obtain a decree of divorce.

2. For obtaining decree of divorce, you shall have to file the suit on grounds acceptable by Indian law like cruelty. Her planning to claim 50% of your salary is no ground for seeking decree of divorce.

3. She has the right to stay with you and her mother also can stay with her for some time as usually takes place in our society.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

1. It will be prudent on your part to pay her Rs.2 K towards her pocket money.

2. If she can establish that your argument for not paying her the paltry sum of Rs.2 K per month towards her pocket money is " She has said that her maintenance is getting fulfilled", then the Court might not take it kindly on you, if the matter comes up for hearing before the Court in any way.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

Firslty, you have been going through a severe mental torture.

Secondly, please file a divorce case before she does that.

Thirdly, as after that if she files any false criminal cases against you then those might have less credibity as be taken in the revenge of divorce case.

Sanjay Baniwal
Advocate, South Delhi
4966 Answers
11 Consultations

5.0 on 5.0

1. Made complaint to near police station and tell the truth. Complaint should be in writing and kept receiving for ur future safety.

Arun Kasana
Advocate, Delhi
24 Answers

Not rated

Instead of risking high purchase amount, you may better agree for payment of Rs. 2000/- per month to her so that you can bring the controversy to an end.

However you can refuse to pay the jeweller when he raises a demand since you are not liable to pay him anything personally and he cannot just like that give the goods on loan to her on the basis of her oral submissions.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

If you do not want to live with her anymore you can file a divorce case on the grounds of mental cruelty.

This you can file it during the time she is residing with you under the same roof also.

She cannot legally take 50% of your salary just like that without a court order.

She cannot grab your father's property also.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

I have no credit card so she has no credit card or debit card of mine. In another recording she has said that her maintenance is getting fulfilled. Why should I pay her when I can prove that she and her mother is doing it on purpose and lying to us?

Let she file a maintenance case, you can challenge the same on the basis of her staying with you in the same house and refuse to pay any.

You should fight it out on merits from our side.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

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