• Leaving Home

I have married for about a year and things have been bad from the very start. I have tried to adjust for over a year. Then my wife left saying she will come back only when issues are resolved and she came back after 3 months. My wife seeks to dominate and has also tried to turn me against my parents. I really have no answers. 

Can I leave home (we stay in rented accomodation; i pay the rent and all the household expenses), what are the legal implications of leaving home?
Asked 3 years ago in Family Law from Kolkata, West Bengal
Religion: Hindu
1) you can stay in separate accommodation if you so desire. 

2) you have responsibility to maintain your wife if she is not working 

3)your wife can file domestic violence case against you and seek alternative accommodation , maintenance and other reliefs 

4) best option is divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

1) working wife is not entitled to any maintenance 

2) wife can seek protection order from the court and compensation for mental torture undergone by her 

3) it won't affect your job 

4) if false 498A case filed obtain anticipatory bail 
Ajay Sethi
Advocate, Mumbai
44428 Answers
2582 Consultations

5.0 on 5.0

1. You have every right to stay separate from your wife and no law can force you to stay with her under one roof.
2. If she earns near your own income then she is not entitled to any maintenance.
3. If you are not a govt servant then those cases will have no impact.
Devajyoti Barman
Advocate, Kolkata
12562 Answers
161 Consultations

5.0 on 5.0

If your wife lodges a complaint with the police for dowry harassment and cruelty offences, yo will be summoned by the police, at that time, you may obtain anticipatory bail and then attend the inquiry session with the police, before that avoid visiting police station because chances of remanding will be brighter which may endanger your employment.
For DV case, you nee not worry, you can face it in court.
As far as maintenance is concerned you can repudiate her claim on the grounds that she is employed and earning a handsome salary.  But she can claim residential rights which you cannot deny so long she is your wife. 
T Kalaiselvan
Advocate, Vellore
34568 Answers
372 Consultations

5.0 on 5.0

To save your marriage you can live outside your home with your wife as well as maintain your parent, there is no legal binding. If your wife would file a case under DV Act or under sec.498a IPC then your job will not effect and as your wife is employed then she can not claim any maintenance allowance.
Minansu Bhadra
Advocate, Kolkata
384 Answers
28 Consultations

4.9 on 5.0

1. You are free to leave the house to stay separately from your wife if this is what you want.

2. Your wife is disqualified from seeking maintenance if she is earning on her own.

3. If she launches your prosecution for dowry and/or domestic violence you will be safe only if you are granted bail by the court. So apply for bail the moment she files the case, lest you find yourself behind bars.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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