• Family law

Facts of the case:-

1.  She is living at her mother's home since last three months. She went there when we came to attend my brother's marriage at hometown. her exam was after seven days of marriage, so she said that she will come after exam , but not came. 
2.  My father, brother and sister is living seperately and about 1500 kms away from our residential place since last 2.5 years & 3.5 years have been completed of our marriage.
3.  Since last 2.5 years she met with my family members for only 3-4 times and no talks on phone.
4.  I have her  may call recording to abusing me and very very derogative words about my sister.
5.  I have call recording of her brother to abusing me and threating to murder me who does job in central costum department from last one month.
6.  She may also have call recording of me to abusing her.
7. Actually problem is this that her mother want to keep our son of about 1.5 years and she also want huge money from me. She has not good social behaviour and there is no kid at her home. only 2 members live at her home , so she want to keep the child and want a huge amount of money. She has kept jewellery worth of rs about 650000.
8.  Her home town is about 1500 kms from my current residiental place where i do govt job.

Kindly tell me:-

1.  I they lodge an false FIR Against me and my family members, them what is the remedy??  Can we apply for anticipatory bail or other.
2.  I dont want to live with her, what is the solution???   What may be the compensation
3.  Whether all of these may create problems for my family members who have no connection with her .
4.  Whether i may take any legal action against her and her younger brother whose call recordings i have to abusing me , my sister very very badly, and threating me to murder.


Please help
Asked 8 months ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1) if any false FIR is filed under section 498A obtain anticipatory bail 

2) let your wife file for divorce . dont take the first step now 

3) your family members would easily get AB if they are not staying with you 

4) you can  file complaint of criminal intimidation under section 506 of IPC if your BIl has threatened to murder you
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hello,
1) You can certainly apply for anticipatory bail and get it too in case they file criminal cases like 498A against you.

2) You need to file for divorce. You are liable to pay maintenance to the child and her and alimony if situation demands. Adorning there's no specific rules regarding the amount  it will take into consideration your income, living standards, child's future etc.

3) If she goes ahead and file criminal cases it can affect your family members too as they will be dragged to build pressure on you.
4) You can certainly file a case against her brother fit criminal intimidation.

5) The best step you can usage now is to file for Restitution of Conjugal Rights which is asking your wife in a court to come back and live with you as your wife with the child. This will help you eventually in divorce, child custody and maintenance.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) RCR is useless . 

2) even if you get a decree you cannot force your wife to stay with you . 

3) court will award maintenance to your wife and child even if you file RCR . it would be her case that she cannot stay with you on account of physical and mental abuse 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Yes, you can very much apply for anticipatory bail and you are most likely to get the same.
2. There is no separate compensation for not residing with her. You will be directed to provide her maintenance @ 1/3 to 1/5 of your income .
3. Yes, as long as they do not get bail there will be harassment and once they get the same every ordeal would be over.
4. Yes, you can file case u/s 500.506 of IPC.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
1. On your part you can file sec.9 before criminal prosecution is launched against you. As and when the FIR is filed you should apply immediately for anticipatory bail.

2. You are free to reside separately from her. No right to claim compensation arises out of separate residence simpliciter. 

3. The tendency is to name all family members of husband in the FIR. So all of you can apply for pre-arrest bail when the case is lodged.

4. You are free to file criminal complaints of criminal intimidation against them depending on the content of recordings.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1.  I they lodge an false FIR Against me and my family members, them what is the remedy??  Can we apply for anticipatory bail or other.

You first have to obtain aB and then challenge their false cases  in the court of law.




2.  I dont want to live with her, what is the solution???   What may be the compensation

Forget about the compensation, first file a divorce case which will bring lots of solution.





3.  Whether all of these may create problems for my family members who have no connection with her .

Yes, certainly it may bring disgust among the family members due to her false activities.




4.  Whether i may take any legal action against her and her younger brother whose call recordings i have to abusing me , my sister very very badly, and threating me to murder.

Call recordings may not entitle yo to file any case against them, but you can very well lodge a police complaint for their threatening activities including extortion.




T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
Should i file an application u/s 9 HMA to avoid maintaninace????

This will be a waste exercise because if she is unwilling to live with you what is the use of filing this case? Maintenance cannot be avoided even if you file RCR case.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
you can file a case under section 504/506 IPC against her brother  and section 384 IPC against her mother. 

you should file a divorce case and also contest her false complaint, when you have prove that her complaint is false and case is decided in your favour then you will get another ground of divorce. filing of false case is matrimonial cruelty and it is treated as a valid ground of divorce. if divorce is granted on this ground then she cannot claim maintenance. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
no you should not file a case for restitution of conjugal rights only for avoiding maintenance. when you successfully prove her guilt then  maintenance either be rejected or only nominal maintenance may be granted . 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0