• FIR format against wife

Dear Sir, 

This is my second marriage with my wife for the last 6 years. However we have had problems right from the day one, had filed FIRs earlier as well for other issues. 
Currently I am laid off from my travel company & had not being receiving salary for the last 5 months. 
The latest issue came up yesterday as my wife had let in her students residing in the same building for home decoration purpose & both of them are not wearing masks the proof of which I hold in a video.
This led to argument & I am planning to file FIR again as it raises concern about my personal well being as the virus is stronger now.
The following are the pointers I want to raise in FIR. 
Kindle share your valuable feedback regarding the same
1) Abandonment: Currently I am based out of Delhi though both of us are from Kolkata. I shifted here after 4 months staying in Kolkata as I came back to search for a job but unable to. I am planning to move back taking some of my personal belongings, I might not come back. I expect my wife to pay rent as she is still earning from home tuition. Will this be a case of abandonment?

2) Since I wanted to change this rented accommodation & move to a cheaper place , my wife has declined to give up this place because of her comfort zone . She has threatened that under no circumstances she would allow me to move the household items to a different residence. Is there any law or circumstances where she can prevent me from doing so ? All these products have been brought with my money ofcourse. 

3) We discussed mutual divorce sometime back. However at the last moment she has pulled back. Our marriage registration took place in Kolkata while we are residing in Delhi. Would it be feasible for me to file the mutual case from Kolkata? In case even if I unilaterally file divorce case advise then as well. Advise approximate cost for the same.

4) I have had no connection with her family for the last few years. However whenever there is any issue between us, she threatens that her dad would come to Delhi to fix me. Both my in laws had already come all the way from Kolkata to create a ruckus earlier in 2016, for which a fir had been filed then. How can I stop recurrent occurring?

Kindly advise
Asked 1 month ago in Family Law
Religion: Hindu

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20 Answers

I'm afraid Police will not lodge any FIR in the matter narrated by you.

Nothing narrated by you discloses commission of any cognizable offence; and hence the Police will turn down your complaint and not register any FIR.

Better, you should pursue a matrimonial case against you wife and seek an appropriate relief. 

 

Vibhanshu Srivastava
Advocate, New Delhi
9127 Answers
179 Consultations

5.0 on 5.0

Sir 

As far as the FIR is concerned, the police will not be inclined to register an FIR in this offence.

1. Leaving her and shifting to Kolkata without her will amount to abandonment and she can take this as a ground for Divorce.

 2. You can create this ground by putting msgs on her whats app or SMS that as you are not that financially stable now, so you want that both of you should  shift to a cheaper place, and you would like her to accomany you to kolkata also if need be.

3.There is no Approximate cost, This may vary from lawyer to lawyer.

4. You can give a complaint in your local police station, mentioning your current situation and that your in laws are threatening you to file false cases against you etc. 

( it is advisable to consult a local lawyer) You can get in touch with me.

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

1) inform your wife of your inability to pay rentals on account of fact that you have no job 

 

2) if she wants to continue in same flat ask her to pay rentals 

 

3) don’t enter into rental agreement in your name 

 

4)mutual consent divorce can be filed in Kolkata or Delhi 

 

5) contested divorce proceedings take 5 years to be disposed of 

 

6) legal fees vary depending upon the lawyer engaged by you 

 

7) record all wife threats 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

If rent agreement is in your name you are liable to pay rentals 

 

inform landlord of your inability to pay rentals

 

he would issue notice of eviction and if wife refuses to vacate file eviction suit against you 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

Sir

Even if the lease is in your name, you will have to inform  your wife that you will be unable to pay the rent and if she is willing to continue then she can by paying the rent her self . 

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

- Since there is direction from the government of India to use the mask , then you can lodge FIR against them under the following sections: - 

A. Section 188 IPC:- Violation of order promulgated by Govt

B. Section 269 IPC- Negligently doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 6 months or fine, or both,

C. Section 270 IPC- Malignantly doing any act known to be likely to spread infection of any disease dangerous to life Imprisonment for 2 years, or fine, or both,

D. Section 271 IPC- Knowingly disobeying any quarantine rule Imprisonment for 6 months, or fine, or both. 

1. Your wife can claim a residential right from you , whether on rent or in your property.

2. You can change the residence legally ,and she cannot force you to live into the same .

3. For filing Mutual divorce , both consent is needed, hence it can be filed at any place i.e. in Delhi & Calcutta.

- Further , you can file a divorce case in Calcutta , i.e. from your residence city or where the marriage was performed.

4. As per law, in laws cannot interfere in the matrimonial life of their daughter , otherwise it amounts to cruelty and is a ground for divorce. 

- Further , you can also lodge a complaint against them as well.

Mohammed Shahzad
Advocate, Delhi
5538 Answers
51 Consultations

5.0 on 5.0

1. Yes this is abandonment. 

2. Get the rent agreement of your name cancelled, than you can leave otherwise you will be liable.

3. You can file in Kolkata. Expenses depends on lawyers you hire.

4. You can file a police complaint against them for threatening you. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

You can file an fir. If they are harassing you then you can also take a restraining order from court

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

1-Yes it would be desertion under HMA 1955.

 

2- Neither you nor she can prevent. 

 

3- Both of you may file Divorce by mutual consent at New Delhi or Kolkata as per HMA 1955. Cost may differ from State to State and Advocate to Advocate may be 1.5 Lakhs to 2 Lakhs Approximately. 

You may file FIR against your in-laws for the commission of offence of breach of peace,criminal intimidation acting in furtherance of common intentions. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

You may revoke and cancel Rent Agreement as per terms  and clauses of the Agreement. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Client,

1. You may directly complain your nearest police Station. there is no formate for FIR. 

2. You may file a divorce petition in Kolkata also  as well as in Delhi.

3. Your wife can not compel / harass you.

 

Jaswant Singh
Advocate, Gurugram
877 Answers
2 Consultations

4.8 on 5.0

Dear Sir,

It is advisable to sort out small problems in marriage but if still persists kindly go for mutual consent Divorce which is cost effective and low time consuming

Anand Shukla
Advocate, New Delhi
632 Answers
13 Consultations

4.9 on 5.0

No abandonment.

You can transfer limited household not all. Stop paying rent, she herself will bound to shift.

MCD can file any where, if you file contested divorce in kolkatta, she may file petition in SC to transfer case in delhi than heavy litigation cost.

Again file FIR, if in laws come.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. You ordinarily resided at Kolkata and had shifted to Delhi temporarily for last 4 months only to search for jobs. Your return to Kolkata will not be considered as desertion of your wife.

 

2.You have the legal right shift the articles own by you wherever you want to.

 

3. Both mutual consent divorce and contested divorce case can be filed from the place where the marriage had taken place, where you last resided or where she is currently residing.

 

4. If they again acts adversely against you, police complaint shall have to be lodged by you against them.

Krishna Kishore Ganguly
Advocate, Kolkata
24725 Answers
702 Consultations

5.0 on 5.0

 

1.You can terminate the rent agreement with your land lord and then ask your wife to take it up on rent in her name if she so wants.

 

2. However, she will have all the rights to come to Kolkata or any place where you shall stay to stay with you which you can not restrain.

Krishna Kishore Ganguly
Advocate, Kolkata
24725 Answers
702 Consultations

5.0 on 5.0

1. If you have decided to migrate from Delhi to Kolkata with an idea to not to return and also not to take her with you, the very thought itself proves that you are abandoning her or deserting her in legal terms.

2. No doubt she cannot restrict you to take away the household items that have been bought by you, but your this drastic act will lead you to pay more maintenance amount if she files a maintenance application citing all these as acts of cruelty.

3. You can file a divorce case either mutual consent or contested in the place of marriage or the place where you both last resided together or the place where she currently resides.

4. You cannot prevent them from making any such move again, however you can be prepared to challenge them legally this time instead of budging to their pressure.

 

T Kalaiselvan
Advocate, Vellore
69356 Answers
929 Consultations

5.0 on 5.0

Yes it is abandoning your wife as you don't plan to come back and you are not thinking of her when you plan to leave.

You also don't want to pay the rent. 

Well i think as she is paying for the house she can decide where to live.

You can file a case at Kolkata as the marriage was solemnnised in Kolkata.

It seems that you don't want to live with her as you are fed up with her.

Leave her and go back. You can file a divorce petition there or just do nothing.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

The house belongs to you then. You have to oay the rent or the landlord may sue you. 

You may tell her that you are leaving.


Around 1 lakh for divorce.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

agreement holder is liable to pay monthly rent.. 

you can terminate your rental agreement by giving notice to landlord. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

1. No it will not be base for abandonment.

2. Yes she can stop your from moving household items even if they were purchased by you because it also her choice about where is she wants to reside so you should try to convince her for change of house. 

3. Yes you can go for mutual consent divorce in Kolkata and it can cost you around 50k both advocates and court fees. 

4. Try to solve the dispute mutually go avoid and legal or physical dispute. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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