Hello,

There is no law by means of which she can force you to take her. If you leave her then she may at max claim rent and that too from the court of law. You may intimate the local police station that you will be leaving the place and that police shall intimate you in case any complaint is filed against you.

regards

1. Mutual divorce when both parties reaches to a consensus. The entitlement or lack of it by a party has no consideration here.

2 So unless and until she agrees on your terms or you become agreeable to he r terms mutual divorce is not going to happen.

3. Do not worry there is n law which forced wife through the provision of law stay with her husband.

4. She can though file criminal case u/s 498 A which soon looses effect when you apply for bail which is easily granted.

You cannot be forced to live with your wife if you do not want to continue your conjugal relationship. There is no law which can Force you to stay together.

you should consider giving NCERT to the police station that your wife is threatening you to implicate you and your family in false criminal cases and you should also intimate them that you are leaving the prenises where you stayed together, due to irrepairable difference between you too.

If she goes on to file any false FIR against you, apply for anticipatory bail in sessions or High Court.

Companies are also aware of the fact that many time matrimonial disputes are given the nature of Criminal Case by way of misuse of law and hence they do not create any hurdle in getting employment until unless you are charged with offences involving moral turpitude and other heinous offences.

you should try to record her saying such things that can be used later in court to prove that she is trying to use the process of law in order to implicate you and your family in false criminal case to extort money from your family.

Also, FIR is not just lodged after a complaint made by women. Both of You will have to attend counselling which also takes time. 

You file divorce in family court.  Give her Maintaining and him come down

What are your wife qualifications.?

what is her income ?

3) you are at liberty to leave your matrimonial home 

4) stay separate  in one bedroom flat 

5) if your wife files false case of dowry harassment apply for and obtain anticipatory bail from sessions court 

If your wife is working she would not get substantial amount as alimony 

If wife files DV case against you then you should engage lawyer and file detailed reply denying allegations made against you 

2) there is no arrest in DV case unless you flout court orders 

3) NO DV case is maintainable against your parents as there is no shared household 

4) no need to bow down to her pressure tactics 

1. You are free to vacate the house. If she does not vacate it along with you then landlord can initiate proceedings before the competent court to evict her. You are under no obligation to pay rent for her accommodation unless ordered by a court.

2. A mere complaint that husband does not let her stay in the house including a rented house does not lie. So she may in all likelihood file 498A complaint to get FIR registered for cruelty and dowry harassment. As and when FIR gets lodged you should apply for anticipatory bail so that you are not arrested and detained.

3. There will be no adverse impact on job if you succeed in obtaining AB. 498A cases are very common now, rarely does a private employer red flag an employee for this.

If you are in private job then en of you remain behind bars for few days then also your career would not be hampered.

However if you are in government job then it may be effected but only if you are ae arrested and kept in custody for 48 hours and more .

See first file the mutual divorce when divorce is granted then you can move out at this stage also you can move out but then she will not give you divorce and raise unnecessary complaints so you should make some adjustments as per her take divorce and then live peacefully.

See in case the complaints that is false complaints are filed it will not affect your job as you can contest same and file quashing of these charges falsely alleged against you. But false cases can lead trouble and waste of resources like money and time.

So settle with her take divorce and then move freely on your own will. 

See you can make a complaint against your wife that she is intimidating and threatening. Further proceed with divorce if she is not agreeing for mutual one file a contested divorce against your wife.

Hello Sir,

Please be advised as follows:

In case you fear that any kind of FIR or complaint would be filed against you, you can file for an Anticipatory Bail in the court which would prevent you from being arrested. 

1. It is advisable, that after obtaining the anticipatory bail , you immediately file for divorce so that the proceedings can be initiated in its furtherance.

In case of any query please revert for consultation.

Thank you for your time and Consideration.

Hi,

You are suggested to write applications to police and administrative authorities regarding the threat created by her and apprehension of false complaint filed by her. Then you make bold steps of leaving her and she may also have to face the consequences. It is informed that like you many men are harassed and strong steps taken by you may save your life and life of your parents.  

Sir,

It will surely work out in your favour if you have records of old filing , settlement and appearance in the court in mutual divorce earlier petition.

Dear client 

My suggestion is that you stay together till the mutual divorce proceedings complete and you pay the alimony amount to her.

In mutual divorce you should write the condition that you are paying one time settlement amount to your wife and will not be responsible to pay her any maintenance after this day of divorce. Then you will not be bound to stay with her and pay her alimony and she can't even make complaint against you on this issue after mutual divorce. 

There is no provision in law for criminal complaint against you if you leave your wife alone and settle down in a different place.

She has remedy for rent or residence only through court of law and not through police, hence do not be afraid or scared about her gimmicks or threats which are not maintainable.

You may better file a mutual consent divorce from the same residence, you dont leave the house.

Let she agree for mutual consent divorce on an amount that you may agree and not on the amount she may insist.

If her demand is exorbitant then you may refuse  and file a contested divorce  on the grounds of cruelty.

If she is employed then you can refuse to pay her alimony.

You prove her employment and salary details before court and deny her the maintenance amount, let the court decide on it.

1. As per the information mentioned in the present query, makes it clear that you have been totally harassed and tortured as a result of which have decided to go for divorce.
2. Let me tell you that no law can force you to be there with wife, not even police or any court.
3. Still, I understand your concern as I know that there are almost 90 percent case are forged and false against husband by wife.
4. I would advice you to first get the divorce case filed and then proceed to think about leaving the house.
5. And lastly, you should know that just because of a complaint has been filed against someone doesn’t make him accused or guilty of that offence as per the language of our criminal law.