Wife demands nuclear family
I'm staying with my parent, wife and 3 yrs kid. My dad is ill and mom uneducated. My wife is demanding to move to a separate house away from parents. As my dad is ill and i cannot afford a separate house now, i'm not willing to move out. Wife and kid have been staying in my in-laws since couple of months now. She even threatened to file a dowry harassment case against my family and we had been to the police station but finally compromised.
However she didn’t return home and still demanding a separate house. She has suicidal tendency (once attempted, but not reported) and I’m worried if she takes any extreme step and another dowry harassment case is not at all surprising.
I have tried a lot to convenience her, and have even said that another year or two we could plan for separate house, etc. but she is adamant.
Could you please help me know the options I have now.
Asked 2 years ago in Family Law from Bangalore, Karnataka
1. If her suicide attempt succeeds you may be prosecuted for her suicide. To obviate the consequences which are likely to ensure from her suicide you should write to the local police informing it about her suicidal tendencies so that you are able to create a veil of protection for yourself in the event she ends her life.
2. The legal options in front of you at this stage are to file for divorce on the basis of cruelty and also file a case for child custody to get back your kid. In divorce the court is likely to order mediation to reconcile the differences.
3. If she files another case for dowry them contest it by entering your defence in the court.
Why are you worried about wife's threatening? Even if she's filing a suit against you and your family and if they are not genuine, fight the case on merit. In the meantime, my suggestion would be that you should file a suit for Restitution of Conjugal Rights under section 9 of 'The Hindu Marriage Act,1955' before your wife initiates any suit.
1) refuse to bow down to her black mail tactics
2) since you are only son and have dependent parents you cant leave them to stay separately
3) if your wife files false case of 498A for dowry harassment contest it on merits . obtain Anticipatory bail
4)your wife needs to consult a psychiatrist for her mental illness .
5)file for divorce if wife refuses to stay with you on grounds of mental cruelty
As per social strata, you owe filial duty towards parents and at the same time legal duty to take care of your wife and children. You have to devise ways and means to balance the situation tactfully and diplomatically. Section 20 of the Hindu Adoption and Maintenance Act 1956 casts legal duty and responsibility on you to take care of your aged and infirm parents. In case, you accede to request of your wife for separate living, you can ill afford to ignore your parents. You may approach Karnataka legal Service Authority, Vidhan Sudha, Bangalore for doing counselling on your wife to cooperate with you to enjoy the marital bliss and that would take care of educating your wife towards your legal liabilities and also mend her way of living.
Advocate, New Delhi
It is not necessary to setup a separate house demanded by the wife who is more interested in nuclear family than a joint family. You have to decide that whether you will be able to convince your parents and manage two establishments if you agree to live separately with your wife.
There is no need to budge to her pressures.
If she has already approached police with a false complaint u/s 498a and has been advised for a compromised living, this record will be useful enough for you to file a complaint with the same police stating that your wife is threatening to either commit suicide or file a false criminal complaint again if you do not comply with her unjustified demand to set up a separate house. Have this complaint acknowledged and then you can face the situation even if she goes ahead with the proposed complaint against you.
You may file a police complaint against your wife on account of false complaints filed by her. Also you may file a case for restitution of conjugal rights in the family court asking the court to direct her to return to her matrimonial home.
She cannot threaten you with false dowry case. If she files false case, contest it on merit. In the mean time take her to marriage counselor or involve family elders to help solve the impasee.