Wife left home with out my permission
anil Kumar
(Querist) 18 May 2019
This query is : Resolved
Dear experts..
my wife left home on may 15 th with all her belongings and furniture bought by her ,this happened after a quarrelling between both and beaten me.
she took a rented house in same town near to her working place.
on the same day her parents called me and scolded me and said that I have stolen her jewelery,I said I didn't take anything, but they told their version and threatened me that they will kill me and file case on me..
but I didn't get any call from police and from them again..
so now how can I face this issue.is there any chances to arrest me if she files case on me..and im a professional so it should not disturb my profession..so how can I handle this situation..and I cannot live with her .I need divorce from her as she is very arrogant and rash behavior..pls suggest me ur valuable advices..
thank you in advance.
Vijay Raj Mahajan
(Expert) 18 May 2019
Don't worry, if there is a police complaint against you, first you'll be sent notice under section 41, 41a CrPC for reporting to police station where the complaint has been made. Just prepare your version of the incidence and carry it with you. You tell your side of the case and return back.
The police will refer to Women cell from where you get another notice to appear and report there with conciliatory process.
If the conciliation is done with both parties agreeing to continue marriage there is no FIR registrated, agreement between both parties to live together peacefully will be taken and sent back home.
If both parties agree for divorce by mutual consent, they are referred to the Family Court to complete that process with help of local lawyers.
If neither happens, the FIR is registrated and then you need to appraisal the court for bail for avoiding being arrested.
Face the criminal trial and continue life till all get resolved through process of law.
r.sathyanarayanan
(Expert) 19 May 2019
I suggest you to send her a legal notice narrating the entire events taken place and also state there in that she has taken all her sredhana properties and left the house on her own. You can also show your willingness to forget and forgive her if she realized her mistakes and wants to come back to you.
You can also suggest that , if she is willing you and she can approach a psychologist / counselor to resolve the differences between both of you.
This will help you to face any consequences with facts including legal issues. Consult a matured lawyer.
Bhaskaran Advocate
(Expert) 19 May 2019
Looks like you do not have children, that is plus point. The matter is very tricky one and if you believe that she also had an extra marital affair during your marriage or before your marriage in all probability this would continue too because some are born in that way.
Take all the above into count if those incidents did happen and if you are young still then it is ripe time to get out of her life and remarry. For all this you need to immediately get in touch with a lawyer.
Dr J C Vashista
(Expert) 19 May 2019
1. Collect or create evidence to the effect that she has gathered and taken every item belonging to her.
2. Wait for call from police/ Court, meanwhile avoid contacting your wife.
3. Consult and engage a local prudent lawyer for proper appreciation of facts, guidance and proceeding.
