• Advice against a legal notice by my wife

I got married in 27 feb 2009.i m having a son of age 9 yrs.My wife has been left my home in 23 feb.2017 with all the gold and cash given by my parents and her.she claimed that i m in a extra marital affair which is totally wrong,even her father having a extramarital affair.now after 10 yrs.after marriage and living apart from me with her parents she doesnt allow my son to meet me,she gave me notice for:
Returning the car which was given on her name by her parents
Allegations of extramarital affairs on me
Demanding of dowry at the time of marriage
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

Allegation of dowry demand will not sustain and to get access to child, file application in court for child custody.

Rest her claims avoid.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Hello, 

 

Share the copy of the notice and tender a reply to the same without admitting anything in the reply. 

Also, ask her if she want to separate mutually by taking mutual consent divorce

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As per law car must be returnable but first demand her to allow child access.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

1) contact a local lawyer file detailed reply to legal notice 

 

2) deny all allegations made by wife 

 

3) mention that no demands were made of dowry at time of marriage or after marriage 

 

4) deny allegations of extra marital affair 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

in reply state that wife has left the car at your place . she is at liberty to come over and collect car from your residence 

Ajay Sethi
Advocate, Mumbai
99833 Answers
8148 Consultations

You need to respond to the legal notice of your wife denying all her false and frivolous allegations. It is better that you send your reply through a lawyer. Through this reply, call upon your wife to  return to the matrimonial fold. If she fails to respond within the stipulated time in the notice, you may file a petition seeking restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

No need to do anything, just reply to her notice. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can tell her to pick the same and keep an evidence that she has taken the same from you

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Client,

You have to reply the legal notice denying all the allegation in the legal notice you have received. If car is in your custody then return the with to her and take the statements of her and her parents that they have received the car and other dowry items whichever they gave at the time of marriage. If possible, get her admission that she have all the gold and other valuable with her. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear Querist

Immediately issue a reply of her legal notice through your counsel and mention all your allegations or facts which you want to mentioned in your reply.

 

if there is no possibility to live with her than file a divorce petition against her before family court under section 13(1)(ia) of Hindu marriage Act-1955

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir 

Learn to fight for your cause. Get proper receiving before handing over the car. demand your items back

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

You should give a befitting reply to legal notice received by you denying all the allegations made by her.

 

You should also address the counter allegations that she had stolen  cash and jewellery from your house and ask her to return the same.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Also, you should ask her that she can collect her which she had ababdoned at your place, within 15 days of receipt of the legal notice, else you would get it towed.

Ghar jakar handover karne ki koi jarurat nahi hai. It can complicate things and should be avoided.

 

you can also file a petition seeking Custody and alternatively visitation rights of the child is your wife is not allowing you to meet your child. Supreme Court has also held at custody of children above 5 years of age should go to the father, but the welfare of the child would be of Paramount importance.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

you can file restoration of conjugal rights petition in the family court requesting the court to direct your wife to come to her matrimonial home.
you can file custody of child petition in the family court, in that case court will immediately provide visiting rights to you.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

See you can deny the allegations in the notice and can further give her notice to come and restitute her conjugal rights as she has deserted you. Further if she fails to return on the notice thn file RCR and also a petition for the child custody. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you mention in notice that you are not using car it is standing there she can come and can take it if she wish so. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If you have received a legal notice then you give her a reply notice  denying the allegations made by her and may state that it was she who had abandoned the matrimonial home with out any valid reason hence it is she who has to return to the matrimonial fold immediately or you may proceed legally against her.

 

After that you may file a divorce case if it is no more possible to continue the married life with her on the grounds of desertion and cruelty

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

you can inform her that the care is lying at the same place where it was lying at the time of she leaving the matrimonial home hence she may come and pick it up with prior intimation to you.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Dear sir

Yes you have to hand over the car to her but in front of some witnesses so that in future you don't have to face allegations of not returning the car. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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