• What should I do?

Hi
I have been married 8 months ago but my wife only lived 14 days with me after that she volunteerely withdraw her marital life from my society while i was not in home. I tried best to convince my wife to came back but she didn't come. I sent a advocate nothing stating RCR to join back but on return she filled a false case against me including 498a,323,342,506/34, section 4 of dp act and maintenance case of 20 lakhs with a monthly maintenance of 25k as a part of study, home rent, maintenance fee, etc. I am working under a central govt dept and getting 42k per month. While I'm the only son of my parents and my mother is suffering in diabetic, knee problems, and she is blind in one eye while my father is a heart patient. By the time i also filled a met case under section 9 before police calld me to police station.
What will I do plz suggest me
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

Hello,

 

First go aheadn and file a petition for quashing of the FIR on the ground that the same has been filed to wreak vengeagnce. 

if however the same is not quashed then contest the FIR. 

 

Also you may ontest the case of maintianence and alimony on the ground that you have the liability of parents on you and that you are ready to keep the wife with you and that she has left your company without any rhyme and reason. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

if you think the FIR lodged by your wife is false one then you approach the High Court for quashing of the FIR. Next if your wife does not want to stay with you then you try for amicable settlement and after settlement approach the Family Court for dissolution of marriage by mutual consent.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

See file a quashing petition before the high court agaisnt the case under 498 and other section of IPC ,DV act and DP act further pray for stay on same. 

Further contest your RCR petition and in case ask for mediation and trt to settle with wife if she agrees for a mutual divorce with no alimony or minimal alimony in that case give her a mutual divorce  and help you in quashing the false cases otherwise contest RCR as she has withdrawn and filed false cases.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You have alreadsy filed the RCRv case which , I feel, is of no use since even if you gat a favourable order and she is directed to join you, nothing will happen to her if she refuses to join  you.

 

2. Only benefit of the RCr case for you shall be that you shal get the divorce decree easily if she refuses to join you within one year from the date of the oprder passed in connection with the said RCR case.

 

3. The RCR case will take around 3 to 4 years to be disposed off and you shall have to wait for another year for filing the divorce suit which might take another 3 to 4 years.

 

4. It will be prudent on your part to negotiate with her and jointly file a mutual consent divorce petition on agreed terms which will be settled within 6 & 1/2 months from the date of its filing.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

Assail the 498a case filed by her in the High Court, and try obtaining a stay on its proceedings.

She does not even deserves a penny from you as maintenance in case she has withdrawn from your company without any just and sufficient cause.

You need to be a bit patient and are supposed to keenly contest all the false and fabricated cases filed  by her/

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) you have not mentioned whether your wife is working or not 

 

2) if your net income is only Rs 42k a month wife would be entitled to Rs 12k a month if she is not working 

 

3) apply for and obtain anticipatory bail from sessions court 

 

4) wait for police investigations to be completed then based on legal advice  file for quashing in HC 

Ajay Sethi
Advocate, Mumbai
99965 Answers
8159 Consultations

Firstly, take Anticipatory Bail before going to the Police Station.

Since she has filed 498A after you have sent the Legal notice, you can show the same when the question of maintenance comes. Also, approach the High Court and get the 498A quashed showing this Legal notice.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

The meeting at the police station only that is aameeting for compromise.

In case anything happens like that  and if you wish that your wife should come back then you can agree for otherwise you need not to agree for any maintenance and let her go to the court.

As soon as a period of one year completes you can file a divorce petition and in the meantime get the ex Parte decree in rcr

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

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