• Legal notice by my wife

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
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

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 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Reply to notice within 15 days or so 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

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. 

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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.. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

Not necessary to reply in 7 days time 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Apply for Anticipatory bail from sessions court for your parents and relatives 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

In order to extort money from you wife would file false  dowry harassment case 

 

contest case on merits 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

Contest the case on merit. Apply for anticipatory bail, Consult local family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

No you can answer it as per your will but don't reply too late.  Deny all allegations in the same

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

you are not legally bound to reply the notice,

  1. if you want to rejoin matrimonial knot, then, 

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,

  1. if you too want to terminate the matrimonial knot, then,

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  

Suneel Moudgil
Advocate, Panipat
2372 Answers
6 Consultations

4.7 on 5.0

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.

 

 

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

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.

 

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

 

  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.

 

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

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.

 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

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 

 

 

Payal Arora
Advocate, Pune
363 Answers
18 Consultations

4.5 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

It is always better to issue a reply notice through your lawyer immediately in order to avoid more complications on the subject matter.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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 

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Dear sir 

Yes it is necessary for you to reply for legal notice and return the car. 

For saving you kr parent s and relative ask them to disown you from there relations and started living separately from them.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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