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manoj (ops)     23 April 2014

Nc complain

its been a year now we got married and from almost 5 months my wife is staying her own. we use to have fight over money as she was not supporting me and she is earning a decent salary and all of money she was giving to her parents and even she was been miss guided by many people . now we are in a stage where only the divorce looks like a option.

after left from here she complained that she will file a domestic violence but till now no one has (police) or any one has approached me legally. even i came to know that she might have filed a Non Compliance complain about me.

Just want to know if she has filed a NC then should the police should approached me and what is the stand for it. while she filing divorce will that support to her.

i have been recomended by friends and family to protect myself i should contact a lawyer and sent a notice for coming back home so that she can't take any wrong actions.

 



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 3 Replies

Adv k . mahesh (advocate)     23 April 2014

normally for applying divorce one year of marriage is sufficient but in your case she is not with your since 5 months and what step is she wanted to take dont know and what is this

non compliance complain normally it is given by a consumer if any product complain is not taken 

first try to talk to her in person and decide after that what step to be taken because in your query only about salary is the issue by talking you can settle the issue, if not settle then you and your wife can go for mutual consent divorce which is more fast then divorce 

manoj (ops)     28 April 2014

Hello Mahesh,

after she has left my family has started requesting her to come back even i tried my level best sending her SMS and emails to come back home. Till then she and her family is only focused and interested to recover money from me. Till now whatever email transaction has happened or phone communication has happened with her or family they are only asking for the money what they have spent in the marriage reception and engagement or for traveling for the marriage and etc. The same way i have also spend money for the marriage in temple and followed with a reception in a star hotel and all the guests accommodation in a 3 start hotel.

 i have discussed with couple of experts what should be my action plan to proceed further. few has recommended that we should sent a notice to her to come back home to make my case strong. But still i am unclear whether that will going to really help me. Even other expert has suggested to wait for some time till the family discussion is on.

 Please suggest what is the best way to deal with this situation.

Thanks

 

 

Anand Bali Adv. (Advocate Solicitor & Consultant)     29 April 2014

Dear Mr Manoj,

What I am presuming is that you are very soon going to be in soup of litigation with her. So it is better you take some defences like complining in the near by police station stating that your wife has left you on her own and now thratening you for the extraction of money and puting you in to the fear for false cases in the court. Though this will not at all solve your problem but will become a good defence for your future litigation, You know depriving of the conjugal rights by the woman after her marriage is a cruelty against husband and residing away and thus depriving her husband for the physical relations is also comes under head of the cruelty on these grounds you can take judicial separation from her without giving her divorce and remaining you as a husband and wife. This will further be a good ground in future if you both do not reside with each other for further two years a good basis for getting divorce.infurture and getting free from her.

Now it is up to you how do you want to go.

Under these conditions she can demand a at par and equal state accommodation as equal to what she was enjoying with you after her marriage. Demand for her maintenance, and even file cases under Sec 489A Criminal nature for which you even can go Jail if not taken anticipatory bail. As you have said that she already has filed police complaints against you, those complaints must be under investigation and as soon it will be over you will be charged for that by the Metropolitan Magistrate. You should not delay any more as the arrow has been shot by the complaints and any time orders can be released.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

 

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

Click "LIKE" in appreciation of the above answer.

Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

Email: advicelaw1@gmail.com

Ph: 9582144748


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