Wife Separated
Soma
(Querist) 28 May 2010
This query is : Resolved
The relation between husband and wife is totally strained. There is full breakdown of every kind of relation. Since long wife is being tortured.
Now wife want to live separately. Both working and having a minor daughter of 1 year.
Can husband prevent the wife from leaving the house and living separately forcefully?
Or any other way by which the husband can prevent the wife from leaving the house?
If wife want to stay separately then whether is it mandatory for her to file criminal case (498a /DV)against the husband first?
When wife is leaving the house what action can the husband take to prevent her?
A V Vishal
(Expert) 28 May 2010
Can husband prevent the wife from leaving the house and living separately forcefully?
Ans. No.
Or any other way by which the husband can prevent the wife from leaving the house?
Ans. No other legal way to stop her or preventing her from leaving the house.
If wife want to stay separately then whether is it mandatory for her to file criminal case (498a /DV)against the husband first?
Ans. If she really wants to seek justice for all her tribulations she can file a case under the said sections before or after leaving the matrimonial home.
When wife is leaving the house what action can the husband take to prevent her?
Ans. No action except that he may prevent her from custody of the child.
Uma parameswaran
(Expert) 30 May 2010
As per my view, Before leaving the house file case under D V Act or under IPC ,otherwise there is a chance to file cases against you under IPC.
