You can file an nc for the same or send them a legal notice. That's all preventive you can do
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?
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
In terms of money how can i take preventive measures ? does she have any rights on my property in which her name is not there? Can i transfer my savings on my parents name , to be on safer side? what all claim she can make on my hard earned money?
Wife have no claim in husband property. and wife willingly deserted husband and she was never subjected to domestic violence not entitle to maintenance.
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
Wife has no share in property standing in your name
you can transfer savings in parents name
wife is entitled to maintenance
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.
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.
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
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.
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.
She cannot claim any share in the property either moveable or immovable, at least not during your lifetime.