Karthik 28 October 2020

Legal notice and police complaint

I have been married for around 10 years and have a kid of 5 years. But since past 4 years we are not living together. My wife is with her parents and each time she gives excuse and ask time for a year to start living together. In the meanwhile she went abroad for higher studies and returned last year. She promised to live with me once returning to India. After returning she said she cannot live with me and said she need an year to live with me and again said cannot live with me. I cannot see my son for more than a year. She sometimes say she want to go abroad and work, asking me to go to court and fight if I need life or my son. I am thinking to send legal notice to her, can I send and after sending legal notice are there any possibilities for her to give any false complaints to police. Because of the past experience I am thinking a lot. Pls suggest.

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4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 28 October 2020

Hello,

You can send a legal notice calling her to come and reside with you (RCR) if you want her to come back or you have an option to send a legal notice for divorce on the ground of desertion. No one can predict how your wife will react to your legal notice. She may also agree to divorce as she is not willing to back to you.

Suri.Sravan Kumar (senior) 28 October 2020

you can send notice to her for restitution of conjugal rights through Lawyer.

P. Venu (Advocate) 29 October 2020

Legal notice may invite reaction. Better course in seeking divorce. The facts posted suggest more than one ground as well as course of action..

Rajinder Goyal 02 November 2020

Hey,

Under section 9 of the Hindu Marriage Act, the general Muslim law, and section 22 of the special marriage act, you can file for restitution of conjugal rights. It is a right given to the spouse if the Husband/wife withdraws from the society of the aggrieved party. But the court may refuse to grant this relief on the following grounds:

if the respondent asks for a decree for judicial separation or for nullity of marriage or for divorce;
Reasonable excuse for withdrawing from the society of the petitioner;
Any conduct on the part of the petitioner or fact tantamount to the petitioner taking advantage of his or her own wrong or any disability for the purpose of such relief;
Cruelty by husband or in-laws
On the failure by the husband to perform marital obligations
On non-payment of prompt dower by the husband (in case of Muslim

Hope this helps!