• Dispute with wife

Hi

I am having disoute with my wife due to her past affair and being in touch with her ex love in present. It has reached to a level where her dad is asking for her financial security so that she can come back to me (she is at her parents place with my kid since one month now). I doubt that her dad may not send her back even after I tranfer some property as financial security. Worst come, he may file false cases against me / my family. 
If she is coming back or not is her choice but I want to save myself from false allegations and drama. Please let me know if some document can be made stating that they will not file any charges once we tranfer property.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

1. No marriage can survive on the basis of financial security to be provided to wife on demand.

2. Husband is bound to maintain his wife but he is not obligated to make property in her name.

3. There is no fool proof way to save you from false cases and it is to be dealt with as it comes.

4. There is nothing to worry much as if any 498A case is filed getting bail is not difficult.

5. If your wife does not come back you may consider filing RCR.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

Yes such documents can be made but such documents will not be valid, nuptial agreement is not balid in India.

Suppose for example you transfer the property and sign the documents and yet after that they file a case against you, then also the case can be filed but you will be convicted/ acquitted will be a matter of investigation and such agreement will just be used as a good prove.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

First of all you decide what you want. If you want to keep her with you then you should file RCR under section 9 of Hindu marriage.

If you want to divorce her,you may file for divorce after section 9 rcr case if she refuse to stay with you as this itself will sufficient ground for divorce which will be proved by section 9 case that she is staying away with you without any reasonable cause . a ground for divorce under Hindu marriage act

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir first of fall you don't need to transfer the property her , you can file a NC in police station stating wife left on own accord now they are asking property for coming back. And further can file a restitution petition in the family court and in mediation can settle issue.

Further can take visitation rights of your son by a n application of custody.

Further more you are interested in transfer of property even though you make an agreement that she won't file cases then also such agreement is not valid she can as per Indian contract act as legal rights cannot be restricted in contract.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Do not transfer any property in wife name as after you transfer property she would refuse to return to her matrimonial home nor agree for divorce

2) best option is to enter into consent terms with wife and file for divorce by mutual consent

3) it should mention you would have joint custody of child

4) it should contain that clause that x amount is paid as alimony to wife and she agrees not to file any cases against you

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) You both have to sign MOU between living together instead of transferring property and finance on her name you should transfer property on your kids name keep her guardian and you as joint owner in all the property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes, this is possible. Enter into a post-natal agreement.

Record the agreement entered in between you and her, including the conditions on the basis of which she's agreed to come back to you

Reach out in case you need any further help.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

You are suggested to write informatory application to police and administrative authorities of area regarding her extra marital relationship and her threat of filing false cases against you and the security needed to you. Keep this action secret from your wife or in laws and then ask for sending her unconditional. If denies by her, file case for restitution of conjugal rights.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

What is point of transferring the property as a financial security when husband is there to provide financial security legally and socially.

If there is a dispute between husband and wife and if she is not joining the matrimonial house you can go and file section 9 Restoration of conjugal rights to come her back to her matrimonial house.

She can also claim maintenance for self and children on the ground that husband is not taking proper care of the children and herself and that may be allowed by the court that husband has to transfer an amount to her account for the maintenance of children and herself.

You need to be very careful as the Transfer of Property in her name is not a solution to the problem but it is a Startup of problems.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Any document made by you will not be of any help for you. You file a suit for restitution of conjugal rights if she does not agree to come back you will be granted divorce. If they file any false case you can get anticipatory bail if you have filed for conjugal rights.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

As you have facing such trauma with your marriage, you should not transfer any property to her as the chances are that she would never come back to stay with you, owing to her closeness with her ex boyfriend.

Any document which you get made can be refuted by her in court saying that the same were taken by way of coercion or or under duress.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. Making provision of finalcial security to wife for her returning to husband with minor child is unheard of and not stipuylated in law.

2. It appears that your wife might be desiring to squiz out the said amount from you first before further thinking whether she will take legal action against you or not. Returning to you might not be in her immediate plan.

3. Collect evidence of their such claim of money from you for sending your wife to you wth your kid which can be used for proving that she tried to put monetary condition to you for her propsoed returning to you.

4. Refuse any payment to her as a condition for her returning.

5. Cont5est the case filed by her if any showing the evidence collected by you to prove that she is attempting to take out money from you giving false assurance of her retuirn to you and there is no allegation on you by her since had there been any such allegation, she would not have agreed to return to you against receiept of ng payment.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

This is my response to you:

1. Firstly it seems that the property is going to be a dispute in the family matter;

2. Transfer the property in a close relative's name and keep POA with you;

3. Ask your wife to execute a MoU and give her certain FD's or amounts;

4. If you believe that your wife could take actions then take out RCR proceedings beforehand;

5. Consult a local lawyer and take legal steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Agreement restriction filing any complaint is void ab initio. So no such agreement can be made.

You have to decide either to transfer money or not to transfer money.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

First of all you should not budge to any type of pressure from her father or her with regard to transfer of proeprty to her name or settling any amount on her name as a financial security.

She is already into an adulterous life hence she has no moral right to demand any money or property from you, because she will take everything from you and would continue to play her tricks of dodging to return to the matrimonial fold, if you insist then she may threaten to file false criminal cases against you.

Thus you will be a loser on both the sides, instead you can bravely face her and flatly refuse to accept her demand for property or money, you can clearly inform her that it is up to her to return or not, you will not give her anything now.

Let she file false cases, you can obtain AB and challenge the same in the trial proceedings, before that you secure the evidences of her demand and her father's threats and demands, which will come to your rescue during the trial proceedings when you challenge her false case.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

1. Even if she executes a document in your favour stating that she will not file any cases it will have no force of law as Indian Contract Act says that there can be no agreement in restraint of criminal remedies.

2. If and when she files any criminal case against you then apply for anticipatory bail to preempt your arrest and detention.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Sir,

Be nice with your FIL and try for mutual divorce so that you can marry for second time. Otherwise as you anticipated they may file different cases against you.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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