My wife went to his father's home and has filed section 24
Querist :
Anonymous
(Querist) 18 April 2018
This query is : Resolved
My 7 months pregnant wife left me with our 6 years old son on Feb 2018. I went to my in laws home to meet my son and to talk to them but my father in law started abusing me and then they called the police and started accusing me of domestic violence. They then lodge a police complaint for the same. But police found that they are lying so case was dismissed and sent to women cell for reconciliation. When the women cell called them they refused to come for any kind of reconciliation. I tried talking to my wife and she says that she won't live with me and also she won't divorce me. Last month I filed a RCR petition and in response to that my wife has filed a section 24 where she has again accused me of domestic violence and has asked for a hefty maintenance amount.
Now what happens to my RCR petition?
Do I need to prove my innocence in the case of domestic violence ? or is it her responsibility to prove ?
If proved or not proved, do I need to pay hefty maintenance amount ?
Can I file for divorce on the basis of mental cruelty ? If yes how can i prove it and how long will it take ?
How can I get my son back at earliest ?
My wife is misusing the law, can I file some criminal case against her ?
Isaac Gabriel
(Expert) 19 April 2018
In the given circumstances,you need to consult local lawyer .
Ms.Usha Kapoor
(Expert) 19 April 2018
Try to solve the issue amicably. If she doesn't mend her separation tactics then file a suit for divorce pending which file Restitution of conjugal rights . If she doesn't show any interest in joining you for conjugal relations file a suit for desertion and cruelty against your wife. If she agrees file for MCD you both file MCD..If she has high qualifications and gainful employment no need to pay any maintenance and Alimony to her. .Since your son crossed 5 years as a father you are his natural guardian. you can file suit/petition under Guardian and wards Act r/w Hindu Minority and Guardianship Act.If the court feels child's welfare is the paramount consideration which is best served in your hands it will hand over your son's custody to you.Meanwhile you can file for visitation rights of your children.MCD can be disposed off within 5 months or even lesser time.
Ms.Usha Kapoor
(Expert) 19 April 2018
If your wife is unemployed you have got to pay maintenance to your wife and to your children also.
Sudhir Kumar, Advocate
(Expert) 19 April 2018
agreeing the Ms Kapoor I will add as under :-
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.
Guest
(Expert) 19 April 2018
Leave alone everything else, whether you are to prove your innocence or she is to prove the charge, since you have committed an innocent offence of making marriage with that lady, you will have to bear with her maintenance charges as well as for your children.
By the way, if you really have the stated problem (seemingly doubtful), have not you hired service of some good lawyer so far. If not, why taking chance and what for you are waiting for the hell to loose on you and your family? You should have to bear in your mind that DV cases are not of the sort of a cake walk.
Querist :
Anonymous
(Querist) 19 April 2018
Thanks for the answers, I already have hired a local lawyer. I just want to see what others say about the matter.
By the way, I filed RCR not to harass her. When she left me I asked her what she wants ? She answered me that only way i can live with her and my child is that I move to my in laws home (or very near to them). She was adamant that she won't come back and she will never give me divorce.
If she gets maintenance amount under section 24 i.e. without getting separated then this is what she exactly wants. Why will she ever give me divorce? or why will she come back to me? she will live happily ever with her parents who doesn't have any steady source of income.
I only get visitation rights to my child and give my hard earned money to my in laws.
This is a case of plain blackmailing.
Why do I have to suffer just because I am man ?
How can court force her to either live with me or get separated ?
Vijay Raj Mahajan
(Expert) 19 April 2018
Firstly the interim maintenance u/s 24 HMA is temporary maintenance till the time the main petition for RCR u/s 9 HMA is pending in the court, once that is decided the order u/s 24 HMA comes to an end. So to say your wife want only maintenance from you is wrong if that was her intention than she would have filled application u/s 125 Cr.P.C or Complaint under the Protection of Women from the Domestic Violence Act,2005 for seeking permanent maintenance from you. Bless your stars that still your wife has kept her cool, only seeking interim maintenance from you. You want her back than why filling RCR, just go and bring her back to your matrimonial home with due respect and dignity. If you want divorce than why file RCR, just withdraw it and file for divorce against her on the ground of cruelty.
You state you have competent lawyer whose service you are availing for your case, better follow his legal opinion.
Mind it the Supreme Court of India just recently stated that wife is not a chattel and cannot be forcefully brought to the matrimonial home by the husband, live in 21st century not 18 century my dear friend.
Guest
(Expert) 19 April 2018
I still believe that your story may does not contain full facts. If you have hired services of a lawyer, you could have come forward with the point of difference with him. Even if your statement of engaging a lawyer is correct and you wanted to see what others say, you will get confused only with different and contradictory opinions of experts, if you don't discuss, what your own lawyer says and why you are not willing to accept his advice.
About simple case of blackmailing, wives often blackmail husbands on one or the other cause, why so afraid of such emotional blackmailing? You won't be able to sue her for blackmailing, until you are able to prove intentional blackmailing by her. BUT MIND IT, AS AN ANONYMOUS PERSON, YOU CAN'T EVEN SEND HER A NOTICE, WHAT TO SAY OF SUING HER. You can't avoid your suffering from the hands of your wife, because you are a man. Law is made for protection of women, not for men from their wives.
Your question, "how can court force her to either live with me or get separated," is quite odd. Only court has the power to decide whether she should live with you or get separated. You can't do anything. You have to compromise with your position, as a married man.
Better patch up with your wife to avoid more sufferings in guise for you in the future to come.
Asgher Mahdi
(Expert) 19 April 2018
When she left to her father home leaving behind you with kids you would have served a LN under the heads of Restitution of conjugal rights which have not done. Still, you can file a case under the this heading before a family court. This might have helped you to defend in Domestic violence case. Still you may file it. What I suggest you to hire the services of local advocates to whom you rely and defend the matter.
Sudhir Kumar, Advocate
(Expert) 01 May 2018
I repeat
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.
Ms.Usha Kapoor
(Expert) 06 July 2018
I stickto my view and Vijay Raj Mahajans view and also Sudhir Kumar's view.
Ms.Usha Kapoor
(Expert) 12 July 2018
I agree with my view, Vijay Raj andSudhir Kumar's views.
Querist :
Anonymous
(Querist) 12 July 2018
Except Ms. Usha Kapoor (and ironically she is a women) everyone has a biased view. With due respect to Mr Sudhir Kumar and Vijay Raj Mahajan, sir we do are living in 21st century but sir you and law also need to move to 21st century. Only thing we get from law is 'Section 9', which also is seen as time tested tool to harass women !!! . I never had hit my wife. We do had verbal arguments. I don't want to spoil my child's life that's why I am ready to live with her and has filed for RCR. But still I respect her view, if she doesn't want to live with me; fine I am ready for MCD. Let court decide child's custody. But she is misusing her rights as women, she insists that I hit her continuously and now had filed Section 125. Problem is that she doesn't need to prove her allegations, court believes her. Only saving grace (this also I can only hope) is that I can't be sent to jail without any proof.
And rightly said by Mr 'Guest', I have to pay for the innocence crime of marrying her.
