Rakesh 06 November 2017

Consultation on divorce case

Hi, My name is Rakesh. My wife went to her home and don't want to come back. I have asked her many time but she refuses to come saying that she don't want to live with my parents in a home. But my condition is not good to stay seperate. The main culprit is her parents who filling the thoughts in her mind. But I don't want to accuse anyone. I just fear that they will file a false case of dowry and domestic voilence. As I said that, my condition is not good so I am consistent tension that What will happen if such happens. Please Help me. If anyone .

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3 Replies

Vijay Raj Mahajan (Advocate) 06 November 2017

File petition for restitution of conjugal rights against her if she refuse to live with you without any reason. This will be best defense against all criminal charges of dowry/cruelty, domestic violence, desertion and throwing her out of matrimonial home. If she defends your case she will either have to return back or give reason for not living with you. After getting decree of RCR you wait for one year and if she's still not coming file divorce petition against her.

Rakesh 06 November 2017

Thank you sir, but if she give reason (Whatever such as dowry, voilence or any other etc. ) Then what will happen. I have heard that persons will be arrested with no sight of bail whose names will be given in such context.

Adv Radhika Mehta (Advocate) 08 November 2017

While the Police have been known to drastic steps in some cases of 498A/ Dowry, there are guidelines issued by the Supreme Court. So stop fearing and start collecting evidences.