Wife filed RCR and DV but refusing to come back
I got married on June 2014 and soon after that came to know that they have suppressed the fact is suffering from different ailments such as arthritis and pancreatitis. After 7 months of struggle she recovered a bit and my wife went to her native place in March 2015 on first month of pregnancy to take advice from family doctor but she refused to come back.
Her behavior changed completely after going there and started demanding to separate from my parents and also own apartment with my father's money. She also spoke to all relatives saying that we didn't even feed her properly with few more allegations. Mediation happened, problems settled temporarily.
We even did bangle ceremony in her native place but her demand again for jewels and apartment continued but this time in a demanding/rude way. On my strict refusal, they started to keep abusive messages which cannot be expressed in words to my family and to my relatives about us.
Her parents with few people came here to defame us and i settled the matter by calling police. She even messaged to my colleagues and manager to create problems with my employment.
On Feb 2016, she filed Domestic violence on our family in Mahila court and i also came to know she filed RCR to claim maintenance as per her submissions in the Court mediation.
In Mediation I even expressed my willingness to be in separate house if she behaves in a good manner. With help of mediator I saw my baby and gifted her. On next session, once mediator spoke practically and refused to accept her demands, she shouted that she will see me in court and stopped coming to mediation.
I'm in Bangalore and we are forced to go to Tamil Nadu for all the cases without any fault from our side. What to do if her only aim at present is to destroy us and defame us? Is there any legal remedy for my suffering?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Your wife might have filed DVC case basing on general, common and routine contentions and allegations and all the family members will be roped in to litigation. You have to defend the DV case by appointing a lawyer. Your presence is not compulsory on each and every date of hearing of the case. You can avoid personal appearing for some times by filing a attendance dispense petition. Maintenance must be claimed in DVC case and not RCR case. If your wife has filed Restitution of Conjugal Rights case then you just appear before same court and simply file a memo showing your willingness to live together, the court will orders for live together and sort out the issue.
The only thing you may do is contest the cases fittingly in defence. The report of the mediator will be sent to the court which can then record a finding about your bona fide conduct and dispose of the case, but if the case goes to trial then she will have to lead evidence to prove her case. To mitigate the hardship that is caused to you by appearing in the courts in Tamil Nadu you may apply to the court for exemption from appearance in the court.
I suggest that instead of mediator you should speak to her about what exactly are her demands and in case those are ingenuine and beyond your capacity to accept then better go for getting a divorce decree on the strength of cruelty.
2.Please collect evidences regarding messages sent by her to your friends etc.
and creating trouble in work place,which amounts to cruelty. You may need these things in court to justify your wife's cruelty against you.
file complaint of defamation against her under section 500 of IPC if wife is maligning your reputation to your friends and colleagues
fiile for divorce on grounds of mental cruelty
contest cases filed by wife on merits
also seek visitation rights for your child
Since she is with her parents and her own relative circle, she will behave arrogantly this way and she will never make your life happy even if she comes to live with you in a separate house.
She will find different reasons to pick up quarrels and fights with you every day for every single and petty reason.
She has filed the DV case in her native place, let the cse go on, you may challenge that case properly through your advocate.
In the meantime since the mediation failed at Bangalore or elsewhere, and also since the DV case is also pending against you, it can be deemed that she has done lot o cruelties against you which forced you to approach court seeking dissolution of your marriage with her by a decree of divorce through court on the grounds of cruelty and also desertion.
You can discuss with your parents and relatives including a local advocate and decide further course of action that whether to live with her under her dictates for ever or to discard her relationship legally once and forever.