Hi all, My wife is not staying with me from the 6 months tried a lot to make her understand but now she puts the complaint in caw cell. After reading her complaint Now I also don't to live with her. She will demand alimony to take divorce though she is working and earning handsomely. Becoz of above stress I want to go to abroad to live peacefully. But I don't want her to come to my parents home (matrimonial home) becoz then she will trouble my parents. Please advise how she can come with pons and cons .. thanks !!
Rectify - how she can't come
Immediately file a civil suit for injunction against her before civil court by your parents if the property is related to them and you are not residing with them.
The civil court has power to restrain her.
Go to abroad and live your life peacefully.
Feel free to call
1) object of CAW cell is to help parties arrive at reconcilation .
2) if reconcilation fails then FIR would be registered against you
3) court would impose conditions on your travel abroad
4) you can awith court permission travel abroad
your parents can obtain injunction restraining your wife from disturbing their possession of the house
2)i presume house is owned by your parents only and you have no share in said property.
3) contact a local lawyer
Dear Concerned,
IF you get into any MATRIMONIAL legal battle - you may not be able to travel. Hence leave the country IF you want.
For restraining your wife to come to your parents house - your parents should file an injuction suit restraining you wife to enter their house (assuming house on either of your parents' name).
Try to schedule this in a manner that on one hand you get the injuction and then you fly out immediately. For more free discussions feel free to call.
For preventing her for visitation and stay at your parent’s house, your parents should file injunction suit against your wife for restraining your wife from disturbing their possession of the house.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
File a divorce suit if the differences between you and your wife not amicably settled.
1. In whose name your matrimonial home stands? If it is in your parents name, you should take up a premisies on rent for you and shift yourself (at least on records) to that rented house.
2. Wife has the right to stay at the house where her husband is staying and for this reason, detach yourself completely from your parents to ensure that you stayed there before your departure to abroad and she should now stay at your parental house till you return.
3. Once you shift at that rented house, inform the same to her in writing.
4. After that let your father file a complaint case alleging that she has attempted to enter his house though her husband does not stay their and take a stay order from the Court restraining her in entering in to your father's house.
5. It will be even better if you can make her staying with you for few days and take that rented premises in her name making her to sign that tenancy agreement (if possible).
6. After that file a divorce suit on e ground of cruelty and leave for abroad.
Before leaving for abroad, lodge a police complaint against her alleging that she has been blackmailing you and your parents threatening to file lodge/false complaint/case against all of you.
1. If the matrimonial house is the self acquired property of your parents then they may file a suit for injunction to restrain her from entering it. She has no right to reside in their house without their permission.
2. If she is earning handsomely then she does not qualify to get financial support but you will have to prove through documentary evidence that she is earning.
3. You are free to go abroad.
You cannot prevent her entering into your house if you both are not divorced legally
You have to initite process for divorce and contest it properly.
You can refuse to accept her demand of hefty amount for settlement if she makes one and proceed with contested divorce.
Going to abroad without resolving the issue may land you in more trouble.
