• Husband is not willing to live with wife

My daughter got a marriage proposal from boy's family who lived in a village. We said that we are not willing to give my daughter in rural area since she had some aims and dreams to study and get a good job and to settle in a healthy and developed environment. So we conveyed our problem there itself. Boy and his family said that we will not live in village after his marriage thereby taking his wife and mother along with him to a town.only because of this reason we accepted that proposal.But now he is saying that he will not come out of his village. If u want me u have to come and stay here.what to do now.Even she went and stay there for few days. They used to harass her for extra dowry.so she is not willing to go there again. Pls help us by giving a suggestion.
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Hello,

File a complaint against them for dowry.

You can not file any case by means of which court can direct them to shift to town.

You may lodge a complaint against them and thereafter file a case of divorce on the ground of cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. It appears marriage has already been performed and it has been done under misrepresentation.

2. So now the option is either to accept the village environment for rest of her life or not to agree on this.

3. If your daughter is educated and she has ambition to stand on her own feet professionally then do not ruin her future and keep her in big city only to pursue her career.

4. Now if the husband remains adamant not to shift with her in a city then going for dissolution of marriage remains the only option.

5. In that event ask them for mutual dvorce for which minimum period of gap from date of marriage is one year.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First try to settle the issue amicably. If it doesn't work out then file a police complain for dowry harrassment and once case gets registered, file domestic violence case. The husband would definitely come for compromise.

Habeeb Imran Al Hashmi
Advocate, Hyderabad
18 Answers
3 Consultations

4.0 on 5.0

your sister can file for divorce on expiry of one year of marriage on grounds of mental cruelty

2) husband demanding dowry amounts to mental cruelty

3) also file case of dowry harassment against boy under section 498A of IPC

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Sir if.your daughter is harrased for dowry and further mis treating her file a complaint of dowry harassment 498a domestic violence. On complaint police shall call them for settlement if he agree to make a settlement and mend his way then complaint can be taken back otherwise lodge the FIR. The daughter can ask maintenance and can seek divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File divorce and criminal complain of dowry demand.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If there is a compatibility issue then you have to go for divorce wait for a period of one year of marriage and if it is already complete then she can file a divorce petition in the family court on the basis of dowry prohibition and 9 compatibility grounds

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Answerd by Adv kavery Anand Bangalore.. dear client Ur daughter should give first police complaint for DVA...( Domastic violence act and 498a ) and she can file DV Act, 498a, and dowry harrassment case against her husband and his family.

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

If the marriage is not solemnised then cancel the proposal.

If it is solemnised then if this is the only issue , you can adjust and live there.

However the dowry harassment will be there in the town set up hence that cannot be cited as a reason for not living in rural setup.

If the situation is intolerable then decide to quit.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Dear Sir.

You can file divorce case on the ground of cruelty. you will definitely succeed. please follow the laws:

In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.

1. Cruelty

Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

2. Desertion

One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you can file cases under 498A ipc and Dvc (domestic violence case) and at the time of trial you have to prove the case that they have harassed for additional dowry

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

File case against husband for dowry harassment under section 498A of IPC read with section 2,3 of dowry prohibition act

2) Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Sir he can be jailed for dowry harassment and mental cruelty under the said acts.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Punishment will for dowry demand and domestic violence.

Cheating is hard to prove in such cases, and if proved he may imprison up to 7 years.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Then what is the punishment for him for cheating a girl and marrying her and ruined her life.

She can take the help of law by filing Domestic violence, dowry harassment case, cruelties, criminal intimidation, etc., and get him punished as per law.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

A punishment of 3 year is prescribed under the act and at the time of taking divorce, alimony can also be claimd

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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