• Preventive measures before divorce

My wife has left me and my parents around 2 months before to her parents place , we were married for 4 years and have a daughter , i with my parents live in Bangalore and her parents live in haryana , we went twice to take her back and she refused by giving silly reasons, they are pressing us to give things in writing and most of the points which they are asking is related to money , based on the discussions and the way they are behaving i see the matter is heading towards divorce and its mostly related to money , I have sufficient proof to prove that , what preventive step can i take to reduce the impact on me?
Asked 6 years ago in Family Law
Religion: Hindu

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21 Answers

You can file an nc for the same or send them a legal notice. That's all preventive you can do

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See you can file a police NC in police station at local area that wife had left home willfully now intimidating you for money and false cases and you are trying to get her back and to normal.

Also you can file a RCR in banglore and can seek mediation in same , and can try to settle with your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Do all normal behaviour with her.

Write her to come back and to stay with you as part of marital obligations and in case she is not willing to stay with you the reasons for the same be informed to you immediately for taking of a reasoned decision by you in regard to further continuance of the marriage as per law.

Send it by registered post with a/d. Give one copy to police for information only.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You could file a petition for restitution of conjugal rights.

You will have to prove that she is refusing to reside with you for no reason .

The court will direct her to resume conjugal relationship with you. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file for divorce on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental cruelty 

 

3) wife forcing husband to stay separate from parents amounts to mental cruelty 

 

4) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

All the payments should be recorded. All the details of the gifts exchanged must be written and all the expenses during marriage and thereafter must also be noted down. You should be prepared for an fir as they will register it in haryana. In this case file an anticipatory bail application immediately.

All the documents should  be collected or any recordings chats etc.

Go for fir quashing in the high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

To counter what you foresee, it is better that you send her a legal notice seeking restitution of conjugal rights. Through this notice, call upon her to reunite with you and start cohabiting with you in the matrimonial house at Bengaluru.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear,

         First of all don't panic, File petition for restitution of conjugal rights.

         and file petition for divorce on the grounds of mental cruelty if you wanted to take divorce.

         Both reason like wife don't want to live with you or wanted you to separate with your parents 

         is good grounds for divorce.

         Whenever she demands money from you, record all the calls and collect evidence against her. 

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

Apply for anticipatory bail, and procure as much evidences that she willingly deserted you and she was never subjected to domestic violence.

And their only intention left is to extract money by extortion/intimidation for file false complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

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
4951 Answers
27 Consultations

Wife have no claim in husband property. and wife willingly deserted husband and she was never subjected to domestic violence not entitle to maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Property cannot be claimed by her. She can have a share of your money as alimony and maintenance. Apart from that she doesn't deserve anything.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No she doesn't have any right on your property

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Wife has no share in property standing in your name 

 

you can transfer savings in parents name 

 

wife is entitled to maintenance 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See collect proof of wife's earning such as ger ITR account statment.

She has no right in your property.  See even you transfer it and it is in record she can use it in court though she bas no right on your saving she has just right of maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Wife has not share in your savings or property. Her right is restricted to claim of alimony. Just file a divorce and in the meanwhile transfer all your properties and cash to your parents accounts and get one agreement that you have discharged their hand loans.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

She can not claim any of your property either movable or immovable.

She can can maintenance and right of residence in shared household under DV act. Apart from child custody and other monetary and compensation reliefs 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can make recordings of the conversation when ever you talk to her about resolving the differences. To collect the evidence that she just wants money from you and left you without any sufficient cause.

She is entitled to get only maintenance from you and cannot claim share from your property.

But if you fail to pay maintenance to her or your child she can claim your property through execution petition for maintenance.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You may have to obtain AB in case she approaches police against you with a criminal complaint under section 498a and dowry harassment. 

 

You may send a legal notice to her instructing her to rejoin you. If the talks fail then you may be cautious about her next move. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

She cannot claim any share in the property either moveable or immovable,  at least not during your lifetime. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you should transfer your savings to your parents for sure and as soon as possible.
  2. No, she can’t claim right over he property, but yes can get some alimony if go for mutual divorce or if she succeeds in contesting divorce.
  3. You should first file RCR to show before the court of law that you are willing to take her back, but is is she who doesn’t want to come back.
  4. Thereafter, if she files divorce or you file, benefit will be at your side for being always ok to take her back.
  5. During RCR or Divorce, you can get everything in court order about the settlement terms so that neither of the parties can set back.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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