• How to face wife threats

I got married on 21.2.17. my marriage was consumated (no first night) due her .she use to push me when i tried. She left home in the month of jan-18. Now she is with their parents till today.
1. Mediators asking 50 lakhs for mutual divorce . When i refused they are threatening that they forcebly leave my wife in my house.I am not at all interested. If any thing she commits ..i fear that. How to face this and how to take police protection/help.
A. I have filed divorce case in family court and the same is to be numbered. 
Before they leave my wife forcebly in My house can I Inform this in Police Stn in written in advance, If so under which section.
B. How to send back her to her parents house.
D. They are threatening that they bring Mahila Mandal to have Dharna in front of my house. How to face this.
E. Will court ask us to stay together for some time under one roof.
F. Can I file complaint in Women's cell about her .pl suggest few lines what to write
G.How can i prove that she left me and staying with her parents from 1.1.18 to till date.
With regards
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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15 Answers

A. Yes you may give a NC in the court.

B. Till she is you wife she can claim residency right, you will have to file injunction suit to throw her out.

D. If this happens then lodge a complaint with police.

E. No the court can’t force you.

F. Please contact some lawyer who will draft the complaint for you. Though at this stage I would not advise you to take any action.

G. Her travel ticket, your char, conversation etc

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

That can only be decided after seeing her grounds of transfer application that she will be filing under section 24.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Firstly no court can enforce couples to stay together, its their personal choice. If police or mahila mandal comes tell them to give you in writing over stamp paper duly registered of their dictate.

Have you mentioned in your divorce petition that she tried to separate you from your aged parents and forced you to live separate which is a valid ground for divorce. There are judgements on the same.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You have different the case in the High Court against the transfer from Hyderabad to Karimnagar citing some personal reasons and inability to attend the cases in Karimnagar due to your frequency family conditions and job conditions

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. DO not worry as if you do not allow your wife in your house Police or mediator cna force her entry in your house.

2. Now if she has already entered into your house you can not evict her anymore as ife has right of reidence in her matrimonial home.

3. The court can not ask you to stay under same roof though it can not evict her from her matrimonial home as well.

4. if Mahila Mandal interferes lodge complaint against them with police station.

5. If transfer petition is filed then contest the same on merit.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Wife has right to stay in her matrimonial home

2) you cannot restrain her from staying in her matrimonial home

3) install CCTV cameras in your house

4) correspondence exchanged with wife would prove she deserted you

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Petition has to be filed on HC for transfer of case

2) you can oppose transfer on grounds that wife can avail video conferencing facilities

3) personal presence. is not necessary

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Give a complaint before the police that the wife and relatives are threatening you with cases and mahila mandal other things asking huge sum of money.

She cannot forcibly enter house but in case she starts living she cannot be pushed out.

2. Court cannot force couples to reside together under one roof.

3. You have to.gice complaint that your wife lived for so and so days with you went her on will now threatening you for money and citing different ways to extort that money for mutual divorce

They are harassing you and intimidating you.

Provide some message or proof to same effect. Earlier mediation tries between you should be mentioned.

4. Any messages call records , statements of witness neighbour, family members other evidence.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If they are in same state she sha file a transfer petition in high court citing some difficulty for her to go to hyderabad in that case you have to contest transfer petition on merits. That hyderabad is proper jurisdiction wife can travel that distance, rebute her reason given cite it false and fictious

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, you have very rightly done by filing the divorce case before she would have file criminal complains against you and your family.

Secondly, as if the wife files cases after the divorce case has already been filed then credibility goes to little down of those complains.

Thirdly, no it is not mandatory at all to stay together till the divorce case come to an end.

Fourthly, yes you can call the police to not to enter your house, and if they try to do forcefully then please make criminal complain against them also.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can't deny her residential right. If she stays with parents then it's ok. There is no law to restrain her from her matrimonial house. However you can try that she doesn't enter by filing Complaint if she harrasses you and other family members. Just contest the divorce after divorce she is not legally entitled to stay at your place.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

1) Nobody can force you to stay together with her unless n until your wish.

2) You should give strong reason not to transfer case in her district from your place.

3) If she is working women than she is not entitled for alimony or maintenance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

A. Firstly no one can leave anyone or anything forcefully in your house. You and your family members have to be firm that she shall not enter the house. If she goes to the Police Station post that, you can always say that the matter is sub-judice. The Police wont intervene post that. So no writing in advance is required.

B. Do not allow her to come back. If you are worried, you can move the Court and seek urgent ex-parte ad-interim relief to restrain her from coming back.

D. They are just threatening you. If she does that, record it and use it for Divorce.

E. No, the Court will not force you. THe Court may ask you to consider the same, depending upon her submission.

F. No. You cannot approach the Women's cell.

G. Through any correspondance which you may have had with her in that respect.

H. Stopping the transfer may be difficult.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. If you have filed the divorce caase, you may concentrate on it.

She has a right to live in her matrimonial home till the time she remains a legally wedded wife, if you dont allow her then that will become another big problem.

2. You cannot legally send her back, however at home you keep ignoring her in all aspects, she will get fed up and will leave the house automatically.,

3. Let them do it, you can lodge a police complaint for the nuisance they may create.

4. Court will not ask you to do anything, dont imagine such things.

5. You can take the assistance of an advocate and lodge a compolaint

6. You have to corroborate the incidents to prove your case in the event of absence of any concrete evidence

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

How can i stop transfering the case to my wife's District ie Karimnagar if she request from my place ie from Hyderabad.

You can strongly fight the transfer petition case she would file on the grounds and reasons that you rely upon.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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