ABDUL RAZIQUE (Advocate) 31 May 2023

Wife deserted house since three years blaming that husband has no ability to became a father.

Mr A and B married with each other as per Islamic customs and rites in presence of their families, relatives and societies. After passing somedays B start to blame on Mr A (Husband) that he is impotent while Mr A start to blame on B that she don't want to became a mother. they start to quarrel often. After one year one day B called her brothers and beat Mr A and fled away along with ornaments and huge amount. Now two years has been passed B has never return back to her matrimonial house. Mr A are not pronounce Tilaak and or file a matter of Divorce on Cruelty and adulatory ground due to fear that B may be file a false case of 498A & Domestic Violence along with other IPC or CrPc act. What is the better way for Mr A to get permanent separation from B according to law? Kindly advice.

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4 Replies

Real Soul.... (LEGAL) 31 May 2023

Just file for divorce petition in court

Sudhir Kumar, Advocate (Advocate) 01 June 2023

Given facts indicate that he has already chosen the best available path in worst solution.

Now on jwellery issue. The jwellery is property of wife even if ti si donated by husband or his family. But the person will have to proce that the jwellery has been takn by her or else she can also allege s 406/409 IPC.

Permanent solution is possible only after divorce. During continuation of marriage she even has a right of foce entry in the house and p;oice has duty to help her (unless there is any injuction)

Alpa Jogi (Advocate) (Lawyer / Advocate) 01 June 2023

It seems more to be an acedamic query, but still assuming you are really seeking genuine advice, kindly note following:

The only way to get seperated is by getting Divorce. So you can move forward for a divorce as per your personal laws. In my opinion, one should never be afraid of false cases because even if she files false cases of 498a, you will eventually come out clean. Only pain is that you will have to go through the court process. But something has to be done in your case becausing sitting idle will not solve you problem. Or else, get an amicable solution with the help of family anf friends.

Regards

Alpa Jogi (Advocate)

Divorce Advocate in Ahmedabad

Shashi Dhara 01 June 2023

First issue legal notice through advocate and file divorce suit in family court ,keep any recorded video evidence of her harassment as evidence if she file any dv case for proof.