• Wife left house and threatening family to sue a case

Wife left home after some verbal spat episodes between us and now claiming to sue  my family over alleged non disclosure of my psychiatric treatment during marriage consummation .we have a daughter of one year age during two and half yrs of marriage. Although i called up many times to come back but she and her family abused me and threatened of dire consequences.Already notified by me to court four months back . I dont know what should i do to save my family life and my parents.
Asked 2 years ago in Family Law from Patna, Bihar
Religion: Hindu
I do not understand "already notified by me to court four months back". Please clarify and you have not stated that what is the relief you want now.  She has not at all filed any cases upon you.  Then why do you worry.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Why cant you file for Restitution of Conjugal Rights and wait for her reaction and based on that one can explore legal avenues to tide over the situation.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
You should file petition under Section 9 for RCR.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Sir,
 If any cases are instituted by her already you need to defend it.
at the same time if you wish to save your marriage  File an RCR(Restitution of Conjugal Rights) in the district/family court asking the court an order directing her to come back to you.
If she files for divorce or maintenance your RCR petition will be a way  to defend her demands as you are proving that you are ready to live with her and take care of her
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
1) does your wife want divorce? ask your parents to meet her parents and resolve issue amicably . 

2) if wife wants divorce go for divorce by mutual consent . 

3) dont file for RCR . it can be counter productive . your wife will then file 498A/ Dv cases to harass you . even if you obtain decree of RCR you cant force your wife to stay with you . 

4) you dont have  to live in fear . your wife did not file any complaint during 2/12 years of marriage . if she  came to  be aware of your medical treatment after marriage she could have file d for annulment in the first year of marriage . the fact that she agreed for consummation of marriage and continued to stay with you even after coming to know that you are suffering from psychiatric problems would show that complaint is an after thought .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
if she is dissatisfied with the fact that you have not told her and family about your previous ailment, she has the option to file for divorce once she came to know bout it. 
You have options to  file  an RCR  to ask her to come back 
You may also try to convince her and if she refuses to join you then ask her to agree for a mutual consent divorce.
If she continue to harass you go ahead and file an independent divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
better you file RCR  for your defence. & then wait for proceeding on her part
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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