Mansoor 17 April 2023

Wife not willing to return back from her parents

I am a muslim by religion. I am married in 2017. Everything was fine until next 1 year. We both lived with my parents happily in Bangalore. She went to her parents home for her first pregnancy. Her behavior was changed after she returned back from her parents home in October 2018. She was willing to go back and stay with her parents permanently. Everyday she was mental torturing me and my parents with some unnecessary arguments. She was crying for no reason.

In 2020, the mental torture was at the peaks. In order to relieve my parents from the mental torture, i listened to her and went with her to her parents home. And stayed in her parent's home for 1 year. After that, i consoled her to getting back to Bangalore. She agreed on that with a condition: To stay separately from my parents. I agreed on that and rented a home in Bangalore.

For some days, she was fine and then she gradually started torturing to going back to her parent's home. She went back to her parent's home 1 year back and she is not willing to return back. Recently there have been heated arguments going between both of the families. Her father is using vulgar language towards me and my parents. My wife has clearly stated that: she is not going to return back and she needs money. All of these conversations are recorded.

What to do next ?

- Can i get custody of my kids ? - I don't like kids to stay with her. She and her parents are going to ruin their future.

- What to do if she files a false physical violence case on me and my parents ? - She and her parents have threatened that, they will do the same. Is Indian law favorable to women, even if the file a false case without any proof ?

Reply Follow

9 Replies

Dr J C Vashista (Advocate) 18 April 2023

Did you try to settle the issues / problem(s) amicably instead of restoring to legal option(s) available to both of you, which would further spoil the circumstances and may end up in divorce ?

Mansoor 18 April 2023

@Dr J C Vashista - Yes Sir. I tried to settle the problem multiple times. Requested my wife to return back home. She is not showing any interest to return back at all. I think, only legal options are remaining for me. Please suggest me on how to proceed further

M V Gupta (Advocate) 18 April 2023

Issue notice through ur Advocate calling upon her to return to your home along with the kids. The notice should state that if she fails to return within the stipulated time you will file suitable legal proceedings against her. If she fails to return file a suit for restitution of conjugal rights and custody of children and take further steps in consultation with your Advocate.

T. Kalaiselvan, Advocate (Advocate) 18 April 2023

If her conduct and behavior is no more tolerable then you can decide to dissolve your mairriage with her by the permitted mode of talaq, i.e., talaq e ahasan or talaq ahasan and can file a suit in a civil court to declare your divorce as valid.

You can file a child custody case separately with the substantial reasons you rely upon seeking the custody of your children

Sudhir Kumar, Advocate (Advocate) 19 April 2023

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

This forum is full of such cases where husband with parents/siblings faced such criminal charges.

After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.

M V Gupta (Advocate) 20 April 2023

@ Sudhir Kumar. Advocate. If the wife raises any false allegations of domestic violence etc, the burden to prove the same is on her. Husband can always disprove the same. But the issue of the notice calling her to return to the matrimonial house establishes the husband's genuine efforts to lie with her and the wife's non-cooperative attitude.

1 Like

P. Venu (Advocate) 21 April 2023

Originally posted by : M V Gupta

Yes, RCR is the proper procedure in the given facts. Just because steps in RCR inheres the potential retaliation by the wife (rather, her lawyers) is no intelligent reason to demonise a sound provision of law. Moreover, the stringent provisions of Section 498A IPC have since defangued by the guidelines laid down by the Apex Court.

Sudhir Kumar, Advocate (Advocate) 22 April 2023

This forum is full of such queries where the dowry related allegations (true/false) raised on receipt of RCR notice. Suhc notice leave with with no choice but to justify her absence. In such case this trupmp card is there.

Now doubt she has to prove but we know the plight of person accused of criminal charges which entails dent of social respect and at times career / business as well.