• Wife not coming back with child for last 8 months

I got married 6th Dec 2013 and blessed with a daughter on 12 th august 2014. Through out my married life my in laws tried to isolate me from my mother.every time they told me to get  separated from my mother 55 yrs old and only younger brother(26 yrs old).my father had passed away in 2006. My mother is like god for me.now it has been 8 months passed right after the birth of my daughter my in laws refused to send my wife back with me.they clearly told me to get my share of property and live separately with my wife as our only house is on the name of my mother.
Plz guide me what to do.I am afraid if my in laws files any false cases against me or my mother or brother.i have tried to solve the matter with the help of relative's but no result.now they move to women cell.just need to know if they file any false case then should i have to pay any maintenance for the time when the case runs in court.my family is under very deep pressure.
Asked 1 year ago in Family Law from Ludhiana, Punjab
Religion: Hindu
1. After the proceedings before the women cell conclude the next logical step will be filing of the case. As and when the case is filed, you and your mother should immediately seek bail for yourself to avoid being arrested and put behind jail.

2. If you want to get your child then you are required to file a case for child custody against your wife. You must note that the delay in filing the case makes it all the more difficult to obtain the custody through the court.

3. Maintenance is not required to be paid by you to your wife as she has not been subjected to violence of any kind 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) you dont need to acede to your in law demands . 

2) your mother is a widow and dependent on you . 

3) it appears your wife and in laws are only interested in your mother property . 

4) you dont have any share in property standing in your mother name during her lifetime . 

5) if any flase cases are filed by your wife contest it on merits . 

6) with latest SC judgement you can easily obtain bail . 

7) SC has directed that on FIR being lodged police should issue notice and record statement of the husband 

8) carry out investigations and submit report to  Magistrate 

9) in case your wife is not working you will have to pay her maintenance and for the child . 

10) you can send letter to your wife to rejoin you in her matrimonial home . 

11) if she refuses you can file for divorce . 

12) dont file RCR as you cant force your wife to stay with you 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Do not get scared of the cases. The fear of cae is the tool of extortion , not the case itself. Put  a brave front and ask them in clear terms that you would lead your life on your own terms.

2. Ask your wife to come with you. If they refuses file a writ of Habeas Corpus in high court for getting your wife and child back with you.

3. if she files case for maintenance then you have to pay her. The amount of maintenance is around 1/3 to 1/5th of your income.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Your goal here is not to change your in-laws, but to get them to alter their behavior as needed to protect your children and marriage as you see fit. This is your life, so you are the only responsible person to take right decision in right time. This is not a right time to ask your share from your family. Right communication with your wife and her parents are the only way to solve the problems. Talk to your wife openly and express your wish .Convey her about the problems for taking such decisions as ask the share from the family and want time for build a house.

In laws are more selfish or other wise they have some cause for thinking that. 
 If you see your in-laws as the enemy, you’ll never get anywhere with them. No matter how troublesome they seem, you need to take the lead in working toward solving the problems. One thing that might help is to remember that your mother or father-in law is different from your parents. You cannot compare the two, because in most cases your in-laws will come up short. Therefore, you need to get to know them for who they are, not for what you want them to be.

It is not desirable to cut off the relationship under the guise of leaving and cleaving. This is the hard time to face the real things happening ion life. So face with cool mind ,try to control what you do and what you say.Amicable settlement with the help of mediates is the best thing to solve the problems.

Don’t think about the consequences, if she files false case against you and your family. Face it in brave manner and defend with a good lawyer.Your primary human relationship now is with your spouse and children.If she is not join with you after the proper conversation or talking file a case for restitution of conjugal rights before family court.
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
Hello,
1) Your in laws or your wife can file dowry harassment case or domestic violence case against you and family. If that happens you need to take anticipatory bail and co operate with the police. Contest the case on merit.

2) If your wife files for divorce she can also seek maintenance for herself and child. You will need to pay while the case is waiting to be decided.

3) You can always contest the quantum of maintenance to be paid.

4) You can file for a Restitution of Conjugal Rights petition whereby the court will order your wife and child to come and join you in her matrimonial home.

5) It is advisable that you stay separately with your wife sometime to amicably settle your disputes.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1. You shall have to be bold,

2. Do not succumb to her undue pressure,

3. Try to audio record all their undue demand and threat to lodge false police complaint,

4. After that lodge a police complaint against her such illegal threat,

5. Send her a legal notice calling upon her to join you with 15 days,

6. File a divorce petition after the expiry of the said 15 days,

7. Keep good rapport with your local police station and file application for Anticipatory Bail if she lodges any complaint u/s498A of IPC,

8. As per recent Supreme Court Order, police can not arrest any 498A accused without investigation,

9. After all ask your wife to agree for mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Recordings are not a primary evidence for divorce .The maintenance amount is decided by court.
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
1) the abusive language used by your wife against you amount to mental cruelty 

2) file for divorce on grounds of mental cruelty 

3) the abusive recordings are admissible in evidence 

4) alimony amount would be decided by court 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. If you get the decree of divorce on valid grounds like her deserting you in addidition to her cruel behavior, there may not be any maintenance. However, the court will decide abount the amount to be paid by you as maintenance, if any,,

2. Even if you are to pay her mainteance, that will be over as soon as she remarries,

3. You shall have to pay maintenance for your daughter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Recordings can be used in the court subject to their content. 

2. The court will decide the amount of maintenance if it holds your wife entitled to it.

Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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