• I am unable to leave my mother and own house.

I was living in rented house with my wife and 3 year old son for 5 months. Rented house was very near to my in-laws place. I suffered from anxiety, sadness and depression due to separation from my mom and own house. I spoke to my wife regarding this and served 2 months notice for vacating the house. But my wife was against it and she threatened she will approach family court if I vacated the house. She does not like to stay with me in my own house because she had fought with my mother for trivial issues. We have separate 1BHK home in first floor in our own house for living. She wanted to stay back in that rented house even if I vacated. Her plan was to create problems to me by not vacating the house and demand rent and other expenses from me. I had made it crystal clear and she was completely aware about my vacating and she had spoke to house owner that not to refund home deposit to me till she vacates her things out of home. She is working in PSU and earns good salary. I vacated the house completely when she had been to office and gave her things back to her next day. I have also left my son with her since she threatened me she will approach police if I don't leave my son with her. I had paid the complete deposit and rent and she did not share any expenses with me. 

Can she approach family court and file a case against me that I vacated house in her absence? I am visiting her and my son over weekends and spending time with her and my son, I am also spending money for my son's expenses. I am asking her to come back to my own house.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Filing of case in family court would be a no-brainer on the part of your wife. However, if you would prefer to continue your relationship with your wife and would like her to stay with you; you may file for restitution of conjugal rights on the basis of events mentioned. However, if you think that she might file a police complaint though this situation does not warrant it, you might prefer securing an anticipatory bail or an interim anticipatory bail from the sessions court in an event if an FIR is filed against you on the premise of "Apprehension of Arrest".

thanks.
Feroz A. Shaikh
Advocate, Mumbai
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Mr. Shaikh is right and I agree with him.
Prabhat Shroff
Advocate, Kolkata
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