• Wife threatened me to leave my house with my 4 year old

My wife has been trying to agitate me on taking wrong actions against her so that she can leave me with an excuse or can take legal action against me. After repeated attempt, she failed and finally she declared that she is leaving me forever and will stay separately. She said she is looking for a separate house, and she will leave as soon as she gets that. Today she has informed all our maids to look for other work as she is no longer staying with me.

At this stage, I am concerned about her future conspiracy or any false domestic violence case she might slap against me. What kind of legal help I should take at this stage so that she cannot misuse law against me?
Asked 1 year ago in Family Law from Asia/Pacific Region
Religion: Hindu
1) it is better you dissolve your marriage by mutual consent 

2) consent terms can be drawn where in you would get joint custody of the child 

3) you agree to pay maintenance for your child and wife (if wife is not working) 

4) return of wife streedhan should be provided for 

5) if wife does not want mutual consent divorce dont take any legal proceedings at present

6) if wife files false 498A case obtain anticipatory bail and contest on merits 

7) if domestic violence case is filed engage a local lawyer and file detailed reply to false allegations made . you dont need bail in DV case 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Hi, she may file a police complaint against you for offence under section 498/a IPC but one thing you must remember that police will not arrest you immediately as they have to serve a notice to you so in the meantime you can apply for anticipatory bail.

2.She may lodge a petition for domestic violence act but in this case you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. The marriage seems to be heading for a dissolution.
2. In that event it's wise to amicably settle the dispute by way of mutual divorce.
3. Once mutual divorce is filed she would be precluded from raising false accusations in future.
4. So go for it and end the dispute nipped in the bud.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. At this stage there is nothing you can do except to file for divorce.

2. She may file cases of domestic violence and dowry against you, in which event you should immediately seek pre-arrest bail to preempt your arrest.

3. If there is a genuine fear that a surprise arrest may be made, you may apply for bail in advance.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
You should wait and watch, no need to take any legal action against her but if there is no chance for reconciliation then file a divorce case against her before family court under section 13(1)(ia) of Hindu marriage act on the based of cruelty.

Contact over the phone after pay the consultation fee which is very nominal
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi,
File a suit for restitution of Conjugal rights under section 9 of The Hindu Marriage Act,1955 to call her back. This way even if she doesn't come back to you, you're a bit safer. You've not mentioned your contribution towards agitation. Try to patch up with your wife for the sake of your child. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. Do not be agitated based on her instigation,

2. once she leaves you just send a letter to the local police recording that your wife has left your house for staying seperately in another house without your consent and desire,

3. For the period she stays in a seperate house, she can ot allege any domestic violence against you since she is staying alone,

4. If she files any case for your act before she left your house, you shall have to contest the same fittingly on merit of the case.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You have mentioned the reasons for her this drastic behavior so that a proper opinion can be given. However, based on your query, it appears that she is no more willing to continue the marital voyage with you and wants to break the marriage bond and live independently. 
You cannot hold her for long even if she is found to be taking a decision in haste.  She will certainly get out of the house and will realise the loneliness after going out.
However, is she is planing to avenge you by slapping legal actions, if it is DV case, you may face it directly in the court, if it is under section 498a, better to obtain anticipatory bail and and challenge her allegations.  You cannot stop her from taking any action against you nor you can predict what she can do and when.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
As soon as she leaves your house immediately file a police complaint stating that you tried your level best to save reason but she left you. Also get it mentioned that there was no domestic violence in the marriage. So if later she files any case it won't have much serious affect. 

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
Hi, she can not file a false complaint against you based on the jewelry because if she made an allegations she has to prove before the court on the basis of the documentary evidence so it is very difficult to prove the same. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) wife  will claim maintenance from. You for the child 

2) the reason why she is staying separate is she wants her own privacy . In her parents place she won't have the freedom she desires 

3)  wife may make inflated claims of streefhan. Even if jewellery is in her possession she will claim it is in your possession 

4) if possible obtain letter from her that all her streefhan is in her possession 

5) prepare list of items and obtain her signature in presence of 2 witnesses 

 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. Let her stay seperately for some time (if she finally gets seperated at all) and you will be able to satisfy your curiosity about how is your wife managing her expenses,

2. If she takes any further Streedhan from your house, take a receipt from her including therein the jewelleries she has already collected from your house.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Streedhan is her property. She may create a false list of streedhan she was given and seek to recover it from you. 

2. You will have to contest her claim by entering defence. She is the one who has to prove the claim.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
If you can  prove that she opened the bank locker on a particular time it will be easy to establish that  she drained out her jewels from  the said locker.  Thus no question of her stridhan to be in your possession. Let she misrepresent this  issue and  go ahead with the case, you can challenge her claim in court. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
She's not staying with her parents may be because she fears about the society talks. If you don't remember the jewellery given by you all you may check in your wedding album may be you may get some clue. You may get this thing also written In the Police complaint that she took away all her streedhan and you possess nothing. She may claim streedhan even if everything is in her possession she will definitely do it. That's why if you get it recorded in the police complaint things will be easy for you in future. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0

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