I got recently married in July 2018, before marriage we had a fine courtship period of 3.5 months. My wife stayed with me for 1.5 months. when we came back from honeymoon things went downside for both of us, she was very rude and i use to get angry with her but no abusive language or physical assault ever happened. Now we have not been talking for past 3 months i have tried to call and message her to sought out things but she dose not reply. Her family is adamant to get the Marriage Annulled immediately and never gave a reason, they just say she is scared. I feel its too early to even thinks of separation and asking for time to sought things and go to a marriage consular. All people say they might file a false complaint against you, get you and your family arrested or try to get huge amount from you, if you don't agree with the decision. All i want is try to Genuinely work my marriage out with my wife as i strongly fell she is not thinking in the right way. kindly advice what should i do?
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1) visit a family counselor with your wife to resolve your differences
2) if your wife does not want to stay with you best go in for divorce by mutual consent on expiry of one year of staying separate
3) if wife wants annulment of marriage let her file petition for annulment
4) you can contest the annulment proceedings
Sir you should personally talk to your wife and further lodge a police NC that the in laws are threatening for annulment of marriage and false cases.
further if personal talk is not possible now file a restitution petition before the family court and go for mediation talk things out.
Hello
The family hasn't filed any case against you. They must be having genuine concerns although they may turn out to be wrong once you convince them of their sincerity.try to talk to then through relatives and mediators. Otherwise approach them through common friends.sometimes a family is overprotective of their children and this too results in misery for the children.
Regards
Dear,
You are right here, wait for some time and try to talk with your wife calmly.
Nobody wants to end his or her marriage without any strong reason.
Your marriage is not 1 year old, so no divorce possible.
Counseling is best option.
Now a days it is difficult to get an FIR registered under 498A IPC even when husband and wife are living together. As you said that your wife left you after 1.5months of marriage, there is hardly any ground for her to file a complaint and get the FIR registered. If at all, she lodges a criminal complaint against you, the police have to forward the complaint to family welfare committee and they will conduct an inquiry into the veracity of the allegations and if there is any ground or necessity for registering an FIR, they will send a report to the police which in turn will register an FIR. After this, police will send you a notice and you can appear before the police and take station bail and you are free till charge sheet is filed and once the charge sheet is filed, contest the trial and get acquitted from the case. As you said that you want your wife then without thinking about her lodging a complaint against you, send a notice to her through a lawyer and ask her to come back to you. If she doesn't come, file a petition for restitution of conjugal rights in the family of jurisdiction.
When either of the spouses has withdrawn from the society of the other without reasonable cause, the other person may file a suit for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.
1) If they want to go for annulment of marriage let them go than you don't have to pay any alimony or huge one time amount.
2) If you want to continue with your marriage than kindly take mediator of marriage and few genuine people from your community to her parents home and have free talk on this issue. Than see what out come all picture will be clear for you.
Sir immediately file for RCR ( restitution of conjugal rights..in family court.. then it will be very beneficial for u ..in this case.
Simply go for restoration of conjugal rights under section 9 of Hindu Marriage Act this will give you ample of time to sort out the issues between you and your wife if he appears in the court definitely we will go for mediation and where you can can handle the issues if you want to sell your marriage and serious about it you have to take some serious decisions in this regard.
If your wife cooperates then you may be able to to save your marriage otherwise after the decree of restitution of conjugal rights you would have completed one year of your marriage and you can go for divorce petition I don't think that there is a time to wait for after degree in rcr.
You do not have to be worried about the persisting threats from different quarters in this regard.
Many people will be spreading many kind of false rumours in this regard.
You dont agree to annul the marriage because there is no ground for annulment of marriage in this context.
If she is filing divorce after one year completion of marriage then you can contest and challenge the allegations properly.
For the present you remain silent and handle patience.
I got married on 6th of july 2018 in delhi, on 29th july i suffered an Heart Attack all of a sudden as i didn't have any medical issue earlier. My wife left for her parental house in Orissa on 23rd Aug 2018. After leaving she did not reply to my messages or calls. Her parents called my family in October 2018 saying that there were some issues that needed to be sorted out. On 1 Nov 2018 me and three of my family members went to Orissa and over reaching their, girl and her parents simply refused to continue with the marriage without giving any reason. I refused to accept this decision and kept on trying to sought out the matter through calls and messages with the girl and her family till Feb 2019 and stopped after she blocked my Phone no. No verbal abuse or fight or any kind of indecency ever happened between both the families. In May 2019 end i came to know that the girl family had filled a domestic violence and right to maintenance case against me and my mother and since we both were not in town we were not able to take the Court notices. 1.Please advice what preventive steps i should take now after my wife has filled the two cases. 2.Can she Involve my sisters and their husband in any case now since they stay abroad and she has not mentioned their names in any way in both the cases. 3.Can i get the case transferred from orissa to any other place since i stay in Noida and i am afraid they might influence the case in Orissa. 4. Can her family use influence and get a FIR done and get me and my mother arrested without any inquiry, is this possible if yes what steps I should take to prevent it. 5. Can they change their statement or add to what they have mentioned in the two cases. 6. Is it off any use to file the Restitution of Conjugal right case or any other case after she has filled the domestic violence case. 7. I do not want a divorce but after she and her family have filed a false domestic violence case should i still try or simple give divorce
You should file detailed reply denying allegations made in DV case
2) your sister and her husband cannot be made as respondents as there is no shared household
3) case would not be transferred
4) there is no automatic arrest in dowry harassment case
5) RCR is useless don’t file it
1. You should contest the cases filed by her. you should also start preparing documentary evidence to prove that there was no domestic violence or dowry harassment on her by you or any of your family member.
2. She can also make them a party if she goes on to file a Section 498 a case against you and your family members, as they never lived with you and had no role to play. They would even get discharged, even if named in FIR if no prima facie case has been made out against them.
3. You cannot take such a plea to get your cases transferred.
4. No
5. They can say whatever they want during their examination in court. Statements given to police do not have any value, but in case of discrepancies, negative inference can always be drawn by the court against her.
6. I would not advise you to file a section 9 after your wife has filed cases against you for Domestic Violence.
7. That's your prerogative.
1. Since the cases are already filed at this stage you need to contest same further you can file a RCR stating that wife willfully deserted you.
2. See she can give false name though at this stage when they have already filed the case and there is no role on involment of there there names shall not be added.
3. See generally the court won't transfer case till there are no strict proof of any influence you can try by filing petition in High court or SC.
4. See direct FIR in matrimonial cases are not filed though in case complaint is filed and police calls you obtain an Anticipatory bail.
5. If they do so same can be contested.
6. Yes you can file same.
7. If she is ready to compromise without any alimony and withdraw all cases you can give divorce mutually.
You first take anticipatory bail if any FIR is filed against you and your family for prevention arrest.
No if no names are mentioned then she will not involve them.
For that you need to file a transfer application in supreme Court
You can file if you want her back the restitution Petition.
It's your wish to stay with her or file divorce
1. It may not be two cases, it should be one case i.e., DV case alone, in which she might asked for maintenance also in addition to other reliefs, you can appear before court, file your counter and deny her allegations as well as her maintenance claim on the basis of that you were always ready to take care of her whereas she was the one who abandoned the matrimonial home without any valid reason and that you are ready to take her back even now.
2. Since their names have not been involved as of now, yo may better not be worried about it so soon.
3. Such cases are generally not transferred, especially the applications of husband side are generally not entertained as a routine until and unless there is any specific reason that may allow this situation as an exceptional one.
4. In Domestic violence case ther is no question of any FIR by police, you may have to appear before court directly.
5. They cannot, if they dio then it will become fatal to their own case.
6. There is no use in filing RCR case, instead you can wait for completion of one year of your marriage to file divorce case on the grounds of cruelty.
7. It is your decision.
.
You can engage senior family lawyer and contest your case strongly. A women can file case of DV Act, but the only relief that court will grant is interim maintenaince nothing more than that. In dv case police can't arrest you only they served a summons copy to you to attend the court proceedings and its clearly mention in the summons the time and date on that summons copy. So you have to attend the court proceeding only. Police cannot arrest under domestic violence act.you may file section 9 RCR.. If you could prove that she is staying seperately with any cause she will not get any relief but you have to prove it.