bob (manager) 01 December 2013

Wife creating troubles in parents house

Hello Friends.

1. I got married in 2012. It was an arranged marriage. I lived in my parent’s house along with my wife.

2. Wife’s attitude is not good towards parents. Also, she has problems with me. Basically she has problems with every body in my house and even my relatives. She is extremely egoistic, hostile and foul-mouthed. Her parent’s also complement her perfectly.

3. When things started getting ugly, parents suggested that I move out of my house and live my life peacefully else where with my wife. I have no problems with my parents at all. But I understood, that they have their right to live with dignity in THEIR OWN HOUSE. Hence I tried to convince my wife to move out with me to a rented house.

4. But my wife was adamant not to move out. She demanded that the house be divided into two parts and parents live separately in one half and we live separately in another. This was not acceptable to me nor my parents. I put my foot down that the parents house will not be divided. She started creating troubles in the household as retaliation (breaking things, arguing, screaming…etc) .

5. I took a house on rent in nearby area. After trying to convince her for almost 2 weeks (I have several phone recordings), I finally moved out alone. However I had sent a written intimation letter to her parents informing them about my shifting plans, and prayed them to try and convince their daughter to come and live with me. HOWEVER, MY WIFE NEVER MOVED OUT . SHE CONTINUED TO STAY IN MY PARENTS HOUSE AND IS STILL THERE TILL DATE and troubling my parents to no end. My parents life has become hell in their own house.

6. However, they still remained adamant that she will not come to join me and that I must pay for her maintenance and that I was desserting her. I replied that I am not desserting her. I had tried to convince her several times to come and live with me, but she refused and is adamant to live in my parents house which is not even legally mine. The fact is , they have malafide intentions relating to my parents property .

7. Anyways, within 1 week of my moving out, she filed 498,406,DP3+4, IPC 34, 506,323 against me, my parents and my siblings and their families (who do not even live with us).

8. Bail for all has been taken.

9. At times, the 498 gang sends feelers from other persons to compromise and then they will withdraw case. She says she will never give divorce. Her demands are that the parents house be divided and she will stay there and lead a family life with me in that very house. We have said in clear words, WE WILL NOT COMPROMISE OR HAVE ANY TALKS TILL THE MATTER IS IN COURT. FIRST ACCEPT YOUR MISTAKE AND WITHDRAW CASES WITH APOLOGY AND ACKNOWLEDGING YOUR MISTAKES. ONLY THEN WE WILL THINK OF ANY DISCUSSION.

10. We are ready to fight the case in court on metits. However, I anticipate, a DV case is coming soon.
My priorities. 1. Evict her from my parents house.
2. Fight the cases on merit.
3. Create pressure on her and the entire 498A gang.

11. I was thinking of filing RCR against her asking her to come and live with me in my rented . In my opinion, this will force her to make a statement as to why she doesn’t want to come and co-habit with her husband and thus opening a can of worms. She cannot continue saying I DO NOT WANT DIVORCE as well and contradiciting that I DO NOT WANT TO LIVE WITH MY HUSBAND .

Anyways, I request the experts to comment on this strategy.
Also, I pray you to please guide me as to how I should plan my future course of action as best thought in your opinion.

Regards.

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10 Replies

498_final stage (Professional) 01 December 2013

You are on the right track. I would advice following 1 file RCR 2 keep recording 3 buy spice phone it has in built recorder And most important .... Fight for your dignity

1 Like

bob (manager) 02 December 2013

dear friends. please come forward and advise. thanking you in advance.

Advocate Ashok Kumar (Counsel) 02 December 2013

Hello,

You have explained your case very well and already have a strategy in mind. But you must also see that the law tends to favour the women in such cases and you will be slightly disadvantaged in this regard. You have a case that you can fight on merits, but I would like you to consider all the aspects of it before you do. First off, your wife is adamantly stuck in your parents house. Every woman has the right to cohabit with her husband in the husbands place of dwelling. Since you have shifted your house now, it becomes easy to evict her. Your strategy of filing of an RCR is a good idea. But also see that she has filed a case of 498a and other sections on you and your family. If there is a possibility of domestic violence, then the court may not rule in your favor even if you file the case. Secondly, you have to consider whether you are willing to live your life with this woman. Will she not make life hell for you, even if you are not living with your parents? You have to be very careful in the choices that you make at this stage, because they might have a lot of impact later on. It would be best if I could talk to you. If you message me your number, then I will call you, or you can call me at 09555 507 507 and we can discuss what your options are and what would be the best course of action for you to take.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

1 Like

(Guest)

As you had asked me, I read your query. So follows the reply.

Filing RCR is of no use, its just waste of time, [1-2 years you will waste behind RCR, and the result if favorable also wont be of any use in getting you divorce]

For such a female who does not want to give divorce or does not want to live with you.

Only one option.

Either file divorce petition based on mental cruelty as she filed 498a etc..

and contest the divorce till you get divorce, ie till you come out of 498a case clean.

These all will take 7-8 years to get over. So if you have patience you can file for divorce.

If you dont have patience...

If you have enough money, pay her in lumpsum and take MCD from her.

You be a free man in 6 months.

please also read PM

1 Like

Adv. Chandrasekhar (Advocate) 03 December 2013

1. First your parents have to file a suit for permanent injunction against your wife for restraining her to enter into their house. In this case itself they have to file O. 39 R.1&2 temporary injunction order restraining her to enter and stay in their house. Once they show their ownership rights on the property and also subsequentlly show your tenancy agreements, they will get interim relief within one month of filing the suit.

2. Once your parents get the relief order as explained in para 1 above, if your wife files DV case for residential rights, that order in civil suit help them to defeat your wife's nefarious designs of usurping the property.

3. You can either file RCR or Judicial separation, but I prefer latter.

4. Contest all the cases filed by her on merits.

5. The above advice is given on the basis that whatever you said in the querry is 100% true and presuming that you have not taken any dowry and forced her familly to spend ostentatiously in the marriage.

1 Like

bob (manager) 03 December 2013

thanks bhai log.

other experts, please also come forward.

Aazad Sufferer (Advocacy-Family and women oriented laws) 04 December 2013

Your wife is not a terrorist that you are terrifying from her terror....

1. You have done all things what you can do.

2. Live separately from her now as she has deserted you.

3. Without a second thought file divorce right now<

Reasoning:

1. You got all false cases on you which will will fall apart once you fight the case on merit and then you will be automaticaly get relief pemanently from her.

2. Meanwhile when the litigation tennure will cross 2 years you will add another ground of divorce that is desertion and in this you will get sure shot relief as you have asked her to join you but she has not come.

3. on this ground you don't have to pay her any final alimony or maintenance to her after divorce.

4. Ask your parents to kick her out as where is she is living that is not her own house and now not even her matrimonial home bcz husband is not residing there.Without any second though ask your parents to file injunction suit and meanwhile pray for interim relief.

5.After her vacating her from your praents house you just ignore her,change your sim,don't bother to think about her bcz all thing you have done initialy but it was she who ignored you,so here she will not sustain her plead that husband had ignored and deserted the wife because here husband has filed divorce earlier on her mental cruelty and finaly got another ground of desertion when she had not occupied you earlier.

6. Enjoy your life as you got your bail and don't bother about any further cases from her bcz all will go in dustbin within few years just giving her only boomerang.

. When she will be saturated she will come for amicable settlement.So,don't worry just enjoy the fate of litigation.

cheers))

bob (manager) 10 December 2013

thanks brothers.

others please advise

bob (manager) 14 January 2014

my bail is done . i talked to wife. i told her , i can fight cases till end and proove her false. yet, now there is time to reconcile. She has agreed to move out with me to my rented house but on a condition that she will withdraw cases after 6 months (when she feels secure with me). I told her, after 6 months she must withdraw cases accepting her mistakes (I told her clearly, i will not accept any charges on me) . She has agreed (i am not sure if she will keep her word) . My questions.

1) My priority is to get her out of my parents house. This should bring my parents some relief.

2) She might withdraw case after 6 months, and we try to live happily . Even if she doesnt, i will continue to fight the case. obviously, family life with her will suffer. atmost , what will happen. The same cases will continue as they are now. but in the meantime, i would have managed to get her out of my parents house.

Please suggest.

sandykrish (Interested in Family LAW) 14 January 2014

Boss you're going to commit the biggest mistake of your life. Rest assured that the ball will be in her court and she will toss according to her wish be oiprepared to dance according to the tune of your wife and in-laws.

It is a common understanding that love is mutually respectable, if she is putting in the clause that she will withdraw cases only if she feels secured I dont agree this point. At the end of the day you will be at bay from a legal persay, be prepared to face Sec 304 shortly. Boss have the courage to flush your emotions while contesting the marital cases, if you don't have guts then surrender like a slave to her and that's what you have done in this case. Have emotions when you see there is reciprocity. when she is hell bent on her conditions how would you agree on the conditions okay that's fine it is your life who are we to suggest you or give opinions.

If you ask you will end up in more a bigger trouble legally than leading a good life with her. There is a say if you're base is itself not strong how can you expect the building to be strong.

Good Luck Buddy!!!