• Wife asking for divorce in 8 months and asking about property

I get married in 21 january 2015 and my wife left house at 20 sepember.she is giving reason only that you all always tounti I get married in 21 January 2015 in Varanasii and my wife left house at 20 September is giving reason only that you all always touting her about don't know any house related work properly for this reason she left.i have many evidence  about this like call recording video clips etc. We never ever asked about dowry.
She Live in Nagpur and i live in Varanasi. She take all things which she took during marriage given by her parents ( stridhan). She Done B.com And never ever done any job here in varanasi.
Now she and my father in law his brothers all asking about money and property.
 House where we were staying on the name of my mother more then 25 years
1) can she claim Over property which have to my parents Name?
2) its seems they all done Purposefully only for property ? Is there Any legal action against them. 
3) What we Do first about this. because they always saying there is Law we can do anything.
4) Can She sue me any Fraud case Like Dowry,etc ?  if she can then what you advise me to do first ?
5) Can we Give latter to Maharastra DGP about this means they can do this stuff with me .
Asked 1 year ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu
1) wife has no share in property standing in your mother name 

2) you should send your wife letters or email that she has left her matrimonial home on her own accord together with all her jewellery and other articles 

3) request her to return to her matrimonial home 

4) if no reply received send another reminder 

5)if wife files case of dowry harassment under section498A obtain anticipatory bail and contest case on merits 

6) divorce can be filed only after expiry of one year from date of marriage except in exceptional circumstances 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. She has no right in the property owned by your parents.

2. No legal action can be taken against her or her parents unless they violate a law, which they have not apparently done till now.

3. She can file a case for dowry harassment against you and your family members, in which event all of you should seek anticipatory bail lest you are arrested and put in jail.

4. DGP has no authority of law to intervene.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. The wife has no share in the property, forget the property of her in laws.
2. You can file case of criminal intimidation.
3. do as sated above. Lodge complaint with police as well.
4. Yes she can.
5. Sending letter will yield no result though you may for your mental satisfaction inform the local police but that would deter them to file case u/s 498A IPC.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi

1. your wife a legal Notice of RCR(restitution of conjugal rights).
2. If you think that your wife is planning to file criminal cases of 498A and domestic violence  , for maintenance  under Cr.P.C sec.125, etc which are the available provisions other than a divorce Petition, you should take proper legal steps to defend you.
3. There is no criminal legal action is possible in he police station, other than filing an N.C of threat and criminal intimidation in the police station. 
4. Best legal option is to send her a Notice of RCR Through an advocate.
5. The RCR will safeguard your interest in terms her false cases as it is within  the one year of the marriage, she will not bale to file a divorce on cruelty grounds unless thee is an extreme case of cruelty which can specifically mentioned.
6. If your wife is not ready to come back despite a court order  under RCR, after a mandatory period of one year you can move a divorce petition on the ground that she has not come back to you.
Engage an advocate and proceed further .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
A divorce case is not possible  within one year from the date of marriage,  so she cannot file one  and even if she files one, it cannot be taken on file by the court.

1) can she claim Over property which have to my parents Name?
She cannot claim a property lying on your name itself hence her claim for property on your parents' name is not at all maintainable.


2) its seems they all done Purposefully only for property ? Is there Any legal action against them. 
Yes if you have evidence for that you can lodge a complaint with the police about their intention of marriage was to cheat you and  grab your property. 




3) What we Do first about this. because they always saying there is Law we can do anything.
Let them initiate any legal step then you can challenge them as per law.



4) Can She sue me any Fraud case Like Dowry,etc ?  if she can then what you advise me to do first ?
If she files a complaint for dowry harassment, you can first take AB and then attend the inquiry or challenge the case.



5) Can we Give latter to Maharastra DGP about this means they can do this stuff with me .
Not necessary, you just wait for her action and  then react as per law. 

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Without further delay file a police complaint in your region Police Station, mentioning the details about your marriage and mentioning that your wife have left home on XYZ date on the pretext of meeting her parents and has taken all her jewellery and clothes with her. She was suppose to return on XYZ date but has not returned. 

Additionally file a suit for Restitution of conjugal rights (instruction from court for calling your wife back from her home and stay with you)  under Hindu Marriage Act Section 9 (HMA 9), DO NOT file a Divorce case as on date. 

As soon as your wife receives the notice of HMA 9 , she would most possibly file a counter complaint under section 498A of IPC , where you would have to apply for bail. 
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Dear Querist
My opinion on your queries are as under:

1) can she claim Over property which have to my parents Name?
Opinion: No, she can not claim but if the property is her matrimonial home then she may claim right to residence only.

2) its seems they all done Purposefully only for property ? Is there Any legal action against them. 
Opinion: You may file a criminal complaint against them before criminal court under section 3/4 of Dowry Prohibition Act for demanding dowry in the shape of property.

3) What we Do first about this. because they always saying there is Law we can do anything.
Opinion: As above

4) Can She sue me any Fraud case Like Dowry,etc ?  if she can then what you advise me to do first ?
Opinion: Yes she may file a false case of dowry demand, domestic violence case and maintenance case, divorce case. as above

5) Can we Give latter to Maharastra DGP about this means they can do this stuff with me .
yes you can not only the DGP, chief minister and Chief Justice of HIGH COURT TOO.

Feel free To Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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