Husband wife leaving seprate without divorce
Harsh
(Querist) 11 December 2011
This query is : Resolved
If hindu wife left the her husband place and leaving separately after 3 years of marriage along with 15 month old baby since last 2 months.Reason is their thought not matching and she is not ready to adjust and usual small common quarrels between husband and wife.Now from her unusual behavior it is possibility that she can file criminal case that her husband tortured and exploited her and demanding dowries and or any so false allegation.So is there any possibility that husband can suffer from these totally false allegation and he can be legally penalized or jailed ? To avoid such things what husband should do in such case in this period where they are staying separate should he send any legal notice to her wife please comeback and will it be better to prepare for bail if anything wrong he has been accused by his wife?Please guide.
Devajyoti Barman
(Expert) 11 December 2011
Though the husband can not avoid the hassles from the impnding criminal cases as apprehended by him, he with a view to show his bona fide may file a suit for restitution of conjugal rights.
Once the FIR is registered he may file petition for anticipatory bail as well to escape arrest.
Shonee Kapoor
(Expert) 11 December 2011
I disagree, I would say, be patient and don't file for RCR.
That would prompt them to take some action. Delay would only benefit you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 12 December 2011
Since how long she is living separately?
M V Gupta
(Expert) 13 December 2011
I also cionsisder filing RCR suit would be premature. I suggest that the husband should write letters asking her to come back along with the child and that her concerns on small issues (specify the issues) can be solved etc. These letters should be sent initially under certificate of posting so that they can be proved in any case that may be filed against him. If there is no response from the wife he may consider sending the copies of the letters he had sent already by reistered post with ACK due and once again request her to return home with the child.
V R SHROFF
(Expert) 18 December 2011
" NOW THERE IS NO FACILITY OF under certificate of posting "UPC"
I Agree with Shri Shonee and Shri M V Gupta
Sending Advocate Notice to request her to come back, join matrimonial home, assuring her safety and happiness, and declaring therein that there was no Violence or any Dowry Demand, and that no one harassed or troubled you, and will not trouble you in future also, and that we with elderly respectable persons are coming to take you back on dated xx-12-2011 at xx p.m. , and also to discuss and solve misunderstanding if any, and if the time and date is cont convenient, you may please fix any other time and date and venue, within a month.
This will certainly defend you in case she files any 498 or dv a or 125.
