dipak (engg) 21 July 2014

Dont want to take wife back

I got married 2 years ago and having one year old son too.

my wife was violent and abusive since starting.she used to threat me to fulfill her wishes. she spent half of our married life time at her parents home as she used to go there every month or so.No of times we have had family meetings and after her mama assurance we agreed to continue just like that in a hope of better future of all of us.But situation never became healthy and she started beating me also and I was compromising on all fronts to save family.

Now my wife is staying with her mama ( she lost the parents before marriage ) since last 5 months when she left from my home. On 22^nd Feb’14 she make big drama and late night her mama and 3 other members including her Jiyaji, 2 other persons who says now that they are caretaker of her family, get her along with them & lodge NC against me , My mother and My sister.

I filed a complaint in my police station stating the facts what happened last night and requested to do the needful .

She lodged one dowry-harassment complaint against me and 5 other family members at Social Servies Cell Mumbai Police , Mumbai after one week and we got telephonic information to be present on a date. since then I have attended 3 meetings at cell . in second meeting my wife has ready to join my house but suddenly she demanded separate house in third meeting which I was refused. And she ask police to forward her compliant to local police station for further Action.

Meanwhile on lawyer's advice, I filed RCR. First date is 20^th Aug’14. BUT when I got a call from local police to visit the police station and during visit I came to know she is ready to join my home but she will not take back any compliant from Social services cell Mumbai neither NC against us. Also note that till she has not filled FIR against US.

Now I would like to know :

1.The legal actions which I can take to safeguard me and other family members so that our innocence can be proved .
2. How RCR would help me.

plz advice.

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 21 July 2014

1. To safeguard yourself / family you need to record all her verbal-physical threats that is when she comes back and starts living in matrimonial home.

2. RCR will become dismissed as withdrawn once she returns back to matrimonial home. The Advocate fees will not be returned back to you.

3. Ask her to withdraw her complaint from Social Service Cell if she wants to come back to matrimonial home and start living there.

4. You also need to withdraw your Complaint if she comes back and starts living with you at matrimonial home.

5. Suggest to meanwhile hang on before taking her back and meanwhile find a expert marital counselor and advise her to jointly attend marital counseling sessions under guidance of a trained marital counselor to regain quality in marital life by both of you. She is pampered child and is under influence of her mama and her related caretaker and may listen to them more than you hence it is also suggested to rope them too in such marital counseling sessions, so that they also understand how to leave you two as married couples instead of pocking their nose in your marriage every now and then.