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Nandha (NIL)     12 May 2013

Advise required, please!

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



Learning

 14 Replies

muralidara R naidu (advocate)     12 May 2013

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.

SRISHAILA.DHARANI (Advocate&consultant)     12 May 2013

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

Nandha (NIL)     12 May 2013

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?

Nandha (NIL)     14 May 2013

@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?

 

 

 

Shyam (Field Supervisor)     14 May 2013

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.

ashoksrivastava (scientist)     14 May 2013

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

Anjuru Chandra Sekhar (Advocate )     14 May 2013

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. 

Nandha (NIL)     14 May 2013

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

 

SRISHAILA.DHARANI (Advocate&consultant)     14 May 2013

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

Anjuru Chandra Sekhar (Advocate )     14 May 2013

Section 13(1A) of Hindu Marriage Act.

 

(1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

 

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 5[one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties;

 

.............

 

Hence you can get decree after a period of one year of judicial separation if cohabitation does not resume. You don't have to pay any money other than maintenance if she applies for.

ANAMIKA VICHARE (LAWYER)     14 May 2013

If the wife has decided not to stay with you, no one on this earth or even the God will be able to convince her to come back.  please stay come, just do not go in person or with anybody else as she might then implicate all of you in a false criminal case....you only told that she banged the steel cupboard door *and got injuries, u still have faith in her...The last optiion you can do is send a letter or legal notice asking her to rejoin you...

You can send me email anamika_vichare@rediffmail.com

9920764088

USA MObile No.01-317-801-2323 Till 31st May, 2013

U m,ay give miss call, I shall call you back...

in case of emergency

ANAMIKA VICHARE (LAWYER)     14 May 2013

If the wife has decided not to stay with you, no one on this earth or even the God will be able to convince her to come back.  please stay come, just do not go in person or with anybody else as she might then implicate all of you in a false criminal case....you only told that she banged the steel cupboard door *and got injuries, u still have faith in her...The last optiion you can do is send a letter or legal notice asking her to rejoin you...

You can send me email anamika_vichare@rediffmail.com

9920764088

USA MObile No.01-317-801-2323 Till 31st May, 2013

U m,ay give miss call, I shall call you back...

in case of emergency

ANAMIKA VICHARE (LAWYER)     14 May 2013

If the wife has decided not to stay with you, no one on this earth or even the God will be able to convince her to come back.  please stay calm, just do not go in person or with anybody else as she might then implicate all of you in a false criminal case....you only told that she banged the steel cupboard door *and got injuries, u still have faith in her...The last optiion you can do is send a letter or legal notice asking her to rejoin you...

You can send me email anamika_vichare@rediffmail.com

9920764088

USA MObile No.01-317-801-2323 Till 31st May, 2013

U m,ay give miss call, I shall call you back...

in case of emergency

Nandha (NIL)     14 May 2013

@anamika,

 

thanks for your advice. 

 

I had already sent letters (by regd post). They came back as 'Refused'. Even through Mediation center of Legal Services Authority, two letters were sent, but she did not come.

 

 

 

 

 

 

 

 

 

 

 

 

 


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