• Should I wait to file petition

My wife has been provoked and guided by her mother and her excessive intervention in our relationship is causing the problems. Also, she wants to live her own way and wants all sorts of liberty without considering the responsibilities of married life and the health issues of my parents. We had many fights on this since the beginning of marriage. Me and my family has several times tried to make her understand but all in vain as her mother always brainwashed her. She and her mother wants me to listen and obey only her and not to my parents. Now she is moved to her parents' place and we are not talking to each other. She and her mother has used all means to create situations to separate me from my parents including use of black magic. I have submitted a police complaint describing the matter but not any FIR till now. Also, I have not filed any divorce petition till now.

1) What should I do now? Should I still try to have a clear discussion with her family and try to see if it can be resolved amicably?
2) What can she do against me/my family if the matter doesn't get resolved amicably?
3) How can I safeguard against any false case by her?
Asked 5 years ago in Family Law
Religion: Hindu

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14 Answers

1) You can approach the mediation centre In court of your local jurisdiction.

2)to safeguard yourself, try to collect evidence to prove that the allegations being made against you are false. These may be in the form of recordings, sms etc. Any material that can prove that you did not demand dowry or did not subject her to domestic violence could be held as vital proof.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. No criminal case lies against your wife up till now for which FIR should be registered by the police.First of all try to settle the matter amicably with your wife since divorce is the 2nd most stressful event in one's life and you never know whether your next partner will be any better.

2. If amicable settlement is not possible, then file a divorce suit on the ground of cruelty after collecting all the evidence of her acting cruelly against you.

3. You shall have to contest her false complaint fittingly by submitting evidence against her complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1) you can send her emails , messages to return to her matrimonial Home

2) don’t file RCR petition . It is useless

3) if wife agrees file for divorce by mutual consent

4) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

1) What should I do now? Should I still try to have a clear discussion with her family and try to see if it can be resolved amicably?

Answer: Go for marriage counselling. You can also appoint a lawyer as an mediator and try to resolve it amicably;

2) What can she do against me/my family if the matter doesn't get resolved amicably?

Answer: She can file 498A, DV Act and other criminal and civil cases against you. Therefore you must engage services of a lawyer, if criminal cases get lodged against you;

3) How can I safeguard against any false case by her?

Answer: If you believe that she will lodge false cases against you then you must take the first step to file a divorce petition.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) You better go for counseling both of you with family counselor in your city.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. yes, till the last moments one final ry must be given to resolve the dispute amicably as dissolution of marriage is not a solution at all.

2. Then propose them for mutual divorce which may cost you some money but would get rid of the dispute without any hitch.

3. There is no way to safeguard from false cases as such but if FIR is registered you can easily get bail which is enough o keep you safe .

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1. That is the best option at the first place that can be exercised by you.

2. She can file false cases of harassment, maintainance etc

3. You may file a NC beforehand and if she files a case then you may use it as a defense.

Asking you to leave your parents also amounts to mental cruelty and you may file a divorce on this ground.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

In case you are finding it difficult then of course you can go for divorce but well before you can send a legal notice to her to come back to her matrimonial house or you can file Restoration of conjugal rights under section 9 of Hindu Marriage Act to put pressure and hard to come back if you can set out matter my discussion or by any other means then it is good otherwise just file a divorce petition stating the reason of non compatibility and cruelity she will definitely file some cases and you and your family but there will be no arrest in that before enquiry.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi,

You need to write informatory application to police authorities regarding their activity and you may go for a case for RCR.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

1) What should I do now? Should I still try to have a clear discussion with her family and try to see if it can be resolved amicably?

Ans: If possible you shall try the issue should be resolved amicably

2) What can she do against me/my family if the matter doesn't get resolved amicably?

Ans: your wife or her family can file a false 498a (dowry) case and DV case against you and your family?

3) How can I safeguard against any false case by her?

Ans: You can safeguard by her if follow the below guidelines:

A. Safeguard yourself, your parents and your relatives.

1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer.

2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.

3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.

4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.

5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.

6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.

7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

1) If you wish to save your marriage and find an amicable resolution to your marital dispute, you must initiate proper discussion with her family and involve third parties if required.

2) She can file criminal cases against you and family alleging cruelty under section 498A of IPC and file DV case under PWDVA 2005 and seek maintenance and other reliefs.

3) To safeguard against possible criminal cases, you can file a petition in the court seeking Restitution of Conjugal Rights which is a petition seeking your wife to rejoin you in matrimony(RCR). You may also leave an intimation with your local police about her having left her matrimonial home and her refusal to return.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Dear,

1.Try to do discussion with her and her family what they want actually.

If they want divorce then give them mutual divorce.

2. If you both don't want to live with each other after discussion and she is not ready

for mutual divorce, then she can sue for dowry, domestic violence and any other

false cases against you and your family.

3.Try to convince her for mutual divorce and give her what good amount she wants and

use your f.i.r. in case also.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir she can't force u to live separate from Ur parents..

And not taking care of u and Ur family.. and forcing U to live separate from parents... This ground is solid enough to take Divorce...

That too.. she and her mother is using black magic on u.. this is really...not acceptable by law.

So collect all proofs and evidence.. and before she files.any false case against u...

. U file for divorce on the ground of cruelty.. mental harrassment..and using black magic..and desertion..

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

1. Try for reconciliation of differences by roping in elders from both the sides and arrive at an amicable situation to save the marriage.

2. She may flare up with plenty of false cases namely dowry demand, harassment, cruelty, maintenance case DV case etc.

3. In such a situation you may first obtain AB and then challenge her in the trial court.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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