You must reply to legal notice
deny allegations made in legal notice
request wife to collect car from your residence deny allegations of affair
dont file RCR petition
I got married in FEB.2009 my wife is in her parental home with all the gold and cash she recieved from my family and her family at the time of marriage.she is there for 2 years.now sent a legal notice that within a week return my car which you get as dowery, Misbeaviour with her(verbal) Extramarital affair. i want to know if i reply the notice with the deniel of these allegation and call her back under sec9.what are the precautionary measures i hv to take.i dont want to live with her in my parental home . I want to save my ageold parents and my younger brother and sister from her revengeful acts. My son is also with her. should i shift to rental home or debarr myself from my parents . Plz suggest
Is it neccessary to answer the notice within a period given in it..can i take some more time to think over it
I had never asked for dowery on or after the marriage .what kind of legal problems she can create for me.i m always ready to give her car.
You must reply to legal notice
deny allegations made in legal notice
request wife to collect car from your residence deny allegations of affair
dont file RCR petition
They asked for the answer in 7 days only.otherwise they will intimate the notice in my department of delhi govt.should i take time
Hi,
You are suggested to strongly reply the legal notice sent by her and deny all the allegations and also express that she must return to matrimonial home. In the meantime, you may do the formalities to save your parents and relatives.
How can i save my parents and relatives .plz suggest
1. In matrimonial suit sending notice or giving reply to it is mandatory though it is advisable that you give a reply denying the allegations and raising counter allegations , if any.
2. Do ot panic and dowry harassment case is no more dreaded as before and even if FIR gettitng bail for your parents would be a cakewalk..
In order to extort money from you wife would file false dowry harassment case
contest case on merits
you are not legally bound to reply the notice,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed,
you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, dowry allegations, etc but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
1) No need to a answer her legal notice if she had deserted you and has adultery issue.
2) If you receive summons from court than you can give answer to that otherwise not.
3)Still you feel that you want to give answer than ask for gold ornaments plus child custody with you.
Dear Sir,
Reply to that legal notice and live separately.
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Hi,
You may also write informatory application through your parents regarding her misdeeds and possibility of false cases filed by her. In prayer part, do write that in case of any complaint by her, the adequate opportunity be given to put your version.
sir
please don't panic. Reply the notice strongly and then take steps accordingly.
If car is returned, have a proper receiving and receipt of it.
You should give befitting reply to the legal notice received denying all the allegations levelled against you and your family by your wife.
Your parents can file suit for injunction against her if they do not want her to enter their houses and to restrain her from disturbing their peace in any manner whatsoever.
Ideally, legal notice should be replied within 15 days of it's receipt is that is sufficient time to get the reply drafted and sent over.
Do not need to worry if you had not taken any diary from them as if they go on to file false dowry case against you, the onus of proof to prove that allegations beyond reasonable doubt would be on them, and in it's absence you would be acquitted.
They have to give you at least 15 days time to reply to the legal notice as per law and cannot force you to reply in 7 days. You should take your good time and no not succumb to their tactics.
Your parents can file suit for injunction against her as I have advised above.
Also a complaint for domestic violence can be filed by your parents against her as well
You may engage a lawyer and he will teply to that legal notice. Do mention in the kegal notice that she has taken all her belingings received from both side.
If you wish to continue with your marriage you may start living separately if you fear she may misbehave with your family.
But before you start living with her make it clear with her in writing that she has all her belongings for future safety.
Regds,
Adv. Payal
Whether you shift to a rented accommodation or you remain in your parental home itself, if she has decided to file false cases against you and your parents you cannot stop her from doing so or avoid the cases.
If you have her car then why dont you return it to her and file a contested divorce case on the grounds of desertion and cruelty.
You can also file a child custody case which will enable you to avoid maintenance to be given to child and to her since she abandoned the matrimonial home on her own without any valid reason which can be termed as desertion.
Discuss with your advocate and take a proper decision instead of going for RCR which is actually a waste exercise.
It is always better to issue a reply notice through your lawyer immediately in order to avoid more complications on the subject matter.
Since you never asked for dowry or sort of things, you may mention the same in your reply notice besides mentioning that she had taken away all her jewels including the ones what you had given to her and you are ready and willing to return the car also,and also mention that this car was never demanded by you hence she can take back the car whenever she wanted to take it away since it was bright by her to your home for her use alone.
This may be useful to protect your future interests in case of any dowry harassment case that may be filed by her in future against you.
Let them report to your department or take any further action on it, but they cannot threaten you this way, hence you may immediately give a fitting reply through your advocate
As of now there is no danger or any lgal problems to your parents, however, in case she lodges false complaint agaisnt them also for dowry demand harassment, you may obtain anticipatory bail and challenge her false cases in the trial proceedings or you may even thin of quashing the FIR later on