Sachin (Executive) 18 April 2014

Desertion

Dear Experts

Kindly help me. I need guidance in my case.

My wife deserted 2 years back by her own wish ( She misbehaved us and tried two times to suicide) and living with her parents till date. My 3 years son is also living with her. She took away her jewellary with her. We have made many efforts to get her back but her relative have misguided her. Now she is putting conditions to come back which are as follows:

1) Live separately on rent and not with my parents.

2) I should not visit or contact my parents untilll she wish.

Now after 2 years of separation and just for sake of my child, i accepted her conditions went to her house with my one relative to take her back. Now story got changed.

Her relatives mentioned these conditions on stamped paper and asked me to sign on it. After that only they can send her daughter with me. But i refused to sign on it and came back to my home town without her.

They said " Ab tumhe maza chakhayenge"

Sir, kindly help me & reply to each of below query.. please

Now i am concern about few things:

1) Can they file any false case on me as they did not file any legal case till now.

2) What should be the precautions now?

3) Does my wife has any rights on my father's self earned property or inherited property.

4) Should i file any application in police station mentioning desertion for 2 years. I afraid that after filing application, they may file any false case.

5) Should i continue to live with my parents or start living on rent?

6) I have invested in shares/FD, Can my wife legally ask me to sell shares/FD and give her money?

Thanks for your guidance.

Regards

Sachin

Reply Follow

9 Replies

V Pratap Kumar (Advocate) 18 April 2014

complex questions and sensitive circumstances warrant you contact a lawyer near you. Please see a marriage counsellor on this. It should give a perspective on how to proceed...

Sachin (Executive) 18 April 2014

Dear Experts.

Awaiting your valuable reply against each query..

Thanks for the help.

Regards

Sachin

Ranee....... (NA) 18 April 2014

make a GD entry in nearest police station about what hss happened till date.Rent a house and live there separately from parents so that they can not harrass your parents with right to residence. File for visiting rights of your child.

great india (manager) 18 April 2014

After a long time ranee has advised almost correctly. Rental accommodation would save some cases against parents to some extent and also right to residence in dv to some extent.

Abhishek Verma (advocate) 18 April 2014

1. Yes of course she can file a frivoulous case against you.

2. Before she does, you do it. Apply to the court for restitution of conjugal rights.

3. No right for self acquired property, unless through a will.

4. Yes u may file a NCR in nearest police station of intimidation and theft of property

5. It's your choice.

6. No, she can't.

Abhishek Verma

advocate

Sachin (Executive) 19 April 2014

Dear Sir

Just want to know that can my wife get rights in my Grand Father's property( now registered in name on my father)?

if i live on rent and away from my parents then legally she can not live in my parents house?

Kindly reply

Thank you.

Abhishek Verma (advocate) 19 April 2014

She does not have any such right in the property of your grand father, but she has a right in the property under your name. (irrespective of whether you live separately or with parents)

Abhishek Verma

advocate