• Starting Stage

I was married on  27 feb 2014 in punjab ,it was arrange marriage , but the girl is already divorced in 08 jan 2014 and spent 2 yrs with there inlaws. she is only 21 yrs old for her first marriage.

One of our family relative suggest us to get married your son to this girl , She is not having father died in the age of 5 yrs when she was , and her Mother ran away from house and leave there 2 daughters at her Chacha's  or any relative who can rearrange the marriage for her but at that time she is staying with her BUA ( Aunty  ) staying at mohali and working as a maid at our family Relative.

My Mom Seend my Wife there and in some emotional Behaviour and ask her aunty to get fixed it up the marriage for his brother daughter to my son.
In next 3 days my mom finalize each and everything for her , her dress material all marriage parties and even Her  CHUDA , Clothes and all material which required for marriage of girl , Because of her BUA ( aunty ) already tell her we dont do any expense on her marriage.
My mom do all arrangements of the marriage and we get married on 27 feb 2014 in Some Hotel at ludhiana with her 4 relatives and our 70 members in our marriage function .

All expenditure will be done by my mom and me only.

After that we will come to our native place for next Ceremonies bye next day .
Coming next 1-2 months she is doing very well at home .
suddenly after 3 months started she torture my mom and ask her she want to do the job , but my mom says what you will do with the job. we dont like these things our Daughter or daughter in law works out side.
She is Only 11 Pass and Failed in +2 aswell. we are really shocked to listen these things on her mouth . My mom says better you can start yours studies . She denied and first time she doing the misbehaviour and packed her bag , and told us i dont want to stay .  it was really shocked . 
after we talk to our family relative and Sought out these things and she happily  stayed with us.

Again after 6- 7 months she do the same thing pack  her bag and threatened   she dont want to stay and will suicide .
My mom is very  good things and she Lectured and change her decision . she   felt sorry and promise she will not do anything like this in future.

on 16 jan 2016 she packed her bag and ranned from home , i was not at home and my mom is on terrace washing the clothes. she opened the main gate and ran from our house, and switched off the phone . by 2 pm in the after noon.
My Mom gave me a call and ask me to come home asap . i was working in chandigarh only that days. will take time to reach 2 hrs to my home. i came and ask my mom has she made a call to her sister , she says no
i called to her sister who is also staying with someone home and worked at as a maid . she said No Jija ( That is me ) she is not coming here . she is alos getting shocked what happened to his sister why she is doing that type of drama again in his life . after by 7 pm her sister called me that she arrives and ask to me she will finished her life and sent all of my 3 family member into jail. me My mother and My Little brother he is only 20 yrs old. it was really very bad to listen these things from that poor wife she already had a divorced and we will accept her in any manner . 

we said ok now what will we do ask her lets see what she will do.
But all of us very know abt these thins its just n threatened nothing else.

after 10 pm in the evening her sister call us , now she felt shame and sorry, she will not do these things in future again.

But now my mom says you come to my house we will invite out 2-3 relatives and then we will accept her.
her sister say sorry to us and ask us she is also working for some one house as a maid they will not allow her to take a leave . rest she came next day by 3 pm in the after noon. and say soory to me and my mom.. but we alraedy invite 2 relatives at that time .
my relatives ask her wat is the issue to issue why you ran from the house ..she says next time she will not do that.

and she give us the wrriten statment shw will not do this next in future.
again we accepted her and staying as a good family.

on 18 apr 2016 again she started the activa and ran away from our house again at that time i was at my work in chandigarh and my mom is in bathroom. and she ran to my NANKE(  my mothers mom home ) by 3 pm .
again i came from chandigarh to my home and search here n there, but we didnt found her. at this time she is with some gold Ornaments and Some Id prrofs and her 10 th pass marksheet .and some clothes.

But now these time we will not tolerate these thing more. 
after 8 pm we suddenly rcvd a call from our Mama , that she is at his home , we will take it normal that she is alive and in safe place , 
but my mama is staying only 15 mins drive from our home .and she stayed night at his home. it was very amberasing to us why she is staying at his home .ask hr come backbut she not came by same evening.

next day she came with my mama and some more relatives and told us she dont want to stay with us , we replied if is the same decision then we are ok with it .and again she left the home and go direclty to police station for complaint.
we received a call from police station that she is at police station come and take away to home. now this time we ask to the officer we are not coming to police station ask her where ever she want to stay and go , she can go away.

after 3 days she Complained at SSP office that she is very Clean. and my mom is asking for dowry and my husband torture me  and do domestic voilence with me..We are really even i never touched her for a single slap in 2 yrs.

This is 498 , Because of we are very new to this.

she told to the officer her BUA give us BIKE / LED TV/ FRIDGE AND SPENT ALL THE HOTEL expense from her pocket. and now they were asking for Car and cash  from me.
it was really a joke for us .
Its n Conman thing she don't have parents and any other relative who will fulfil these requirements of us. and Her BUA & Sister is working as a maid at some one homes.

Now we are stage we will File HMA 9 
and 
She Put it down the Case of Domestic Violence again us in court

and after 6 months ie : 30 sep 2016
She gave a written complaint that Her Bua Gave us a car and 10 lakh rupees for a marriage and ask for more dowryfrom her , To DSP office 

we appeared at DSP office , DSP told Us What Happened in our family we will explain each and everything , She ran 4- 5 Times from our home now we cant take more tension in our life .

DSP told us to BIAN ( Written  Statement of MY mom me and of my brother ) and we came back to our home.

Now we dont know what next we will do .What DSP will do in our favour and her favour , Or He is register a case of 498 to us or not.

Can any body suggest us what we will do next to save my mom me and Brother ?
Asked 2 months ago in Family Law from Nangal, Punjab
Religion: Hindu
1) if police register FIR in 498A case apply for AB from sessions court 

2) if BUA is working as maid how can she pay RS 10 lakhs in cash ? the source of funds for  giving Rs 10 lakhs 

3) you must be having hotel bill receipt for payment made by you 

4) hope you have kept all   those bills . 

5) video recording of marriage and photographs would help you to substniate your claim that no car was received . if any car was given where is proof of payment for purchase of car 

6) wife ahs to prove all allegations . contest the DV case on merits
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
1) police want to know whether in respect of alleged offence any case is pending in court or not hence asked her the question .

2) take pakka bill from hotel now if possible 

3) if you want your wife to stay with you then file for RCR under section 9 of HMA 

4)considering your wife behaviour it would not be wise to bring her back to matrimonial home 

5) divorce by mutual consent is best option
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Dear Concerned,

In reference to your queries above , please find the answers below-

If the FIR is registered you need to apply for anticipatory bail. 
 You have a strong case because it can be easily proven that this case is not of any dowry demand(498 A) and falsely implicated,since your wife's parents are not alive and she does not come from a financially well background. Why would you ask for dowry at the first place, secondly are her bua and sister working as maids capable of fulfilling any dowry demand? Also, how can her bua working as a maid give 10 lakh rupees and car as dowry ?Do they have any proof of the same? you should keep your proof's ready with you like marriage photographs and all the bills necessary to show no dowry was ever taken.

HMA 9 is restitution of conjugal rights which means that you want to get your wife back to your home.In the current scenario it is not advisable to get her back. It is suggested that you get a mutual divorce and settle the things amicably.

Best Of Luck ... Stay blessed.



Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
She will not change herself even if you are convinced and are bringing her back to your home.
She will repeat the same thing once again. 
When she returns next time, you better take her to a marriage counselor or a mediator, from whom you can come to know her exact medical status and her intention to stay with you or not. 
If you smell that the police are  trying to register a FIR, then you can take AB and challenge her false cases accordingly.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1.  The question asked by DSP is of routine nature, there is no significance attached to this case.




2.  What is this hotel bill i going to do with now?





3.   RCR case is absolute waste, it will not protect you from the criminal cases filed against you.
T Kalaiselvan
Advocate, Vellore
13979 Answers
127 Consultations
5.0 on 5.0
1. You can either file section 9 petition or a petition for dissolution of marriage. Her repeated runaway adventures from your house constitute an act of cruelty.

2. If 498A FIR gets filed against you then apply for and obtain anticipatory bail so that you are not arrested and suffer detention in consequence of it. 

3. A favourable decree in Section 9 HMA to you, if not obeyed by her, will give you the right to apply for divorce after a year from the decree. This is the only benefit of section 9 petition.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 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
13979 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23192 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2736 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0