Advise required, please!

NIL

Dear Experts,

 

It has been more than one year since wife left home with kid. In between her brother & father approached the local police station for return of her old clothes (she had already taken her jewelleries). At that time, they showed some medical treatment slip as if she was hurt by me (actually she banged the steel cupboard doors to create a scene to leave my home).

 

Since I informed the police officer that I am ready to live with her if she comes, they left without taking any things. Now it has been more than 4 months after this incident, she did not come back. I again approached the police officer last week and told him that my wife did not come back. He advised me to go in person and call her. Even some of my relatives and friends advise me to go in person and call her.

 

But, after knowing that they are trying to falsely implicate me like creating medical records, what kind of precautions should I take to safeguard myself when I go to her house because they might plan to create a scence as if I have come to harass her or ask dowry etc., and make jurisdiction.

 

Please advise.

 

thanks

Nanda

 
Reply   
 

If your expecting such false complaints from your wife or her family members, better you avoid visiting her house, if you visit there will be every chance of lodging compliant of Under section 498A of IPC and Dowry Act to harass you.

 

If you still interested live with her, better approach any advocate and file petition for seeking order/direction from court  conjugal  rights under Section 9 of Hindu marriage Act.

 
Reply   
 


Advocate&consultant

Better take the help of the police people , as they are already advised you, go to your wife place and bring her.This is the best safe method.

 

srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

 
Reply   
 
NIL

can I take some respected elders of her area when going to call her? will this help me if my wife tries to file any false case, as they will be witness?
 
Reply   
 
NIL

@srishaila,

 

As my wife is staying in a different state/jurisdiction, can a police personnel from my local police station accompany me to my wife place?

 

 

 

 
Reply   
 
Field Supervisor

I m sure you are not seriously thinking of living with your wife again, particularly when your relation with her has come to such a stage that you need an entourage of police and local seniors to visit her! 

If she is not willing to live with you, no court can force her to do that. Unless you are doing these things as a tactical move to strengthen your case for divorce, it is a very bad idea indeed. If she does not want to live with you, respect her choice, and find a partner who will feel happy to live with you. Try to negotiate with ur wife for a mutual divorce, otherwise both of will will get embroiled in at least 3-4 years of legal battle, and spend several lakhs of Rs, and lose complete peace of mind. 

If she does not agree, go for a divorce on cruelty and desertion.

 
Reply   
 
scientist

Neither you nor your relative should visit her parental place. If required send some non relative. Else you would be offering them 498a jurisdiction on a platter. regards ASHOK
 
Reply   
 
Advocate

It is obvious she would be in rejection mode.  When someone is in rejection mode they like to do the things that we don't like.  So file for judicial separation.  It will put her to discomfort in two ways.  If she accepts for it, it hurts her ego to accept what you propose.  So she will be at discomfort accepting it.  If she rejects it and contests, then you say to court, "as she does not want judicial separation let her come home.  If she comes home I will drop these proceedings in family court for judicial separation". That will also put her to discomfort.  If she does not come you will get decree of judicial separation from court. 

 
Reply   
 
NIL

if she accepts judicial separation, how does it benefits me? Will I get divorce after one year of judicial separation?? please advise!

 

 
Reply   
 
Advocate&consultant

Yes they will come, provided you have to give some money.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu