Wife creating troubles in parents house

Hello,

You have explained your case very well and already have a strategy in mind. But you must also see that the law tends to favour the women in such cases and you will be slightly disadvantaged in this regard. You have a case that you can fight on merits, but I would like you to consider all the aspects of it before you do. First off, your wife is adamantly stuck in your parents house. Every woman has the right to cohabit with her husband in the husbands place of dwelling. Since you have shifted your house now, it becomes easy to evict her. Your strategy of filing of an RCR is a good idea. But also see that she has filed a case of 498a and other sections on you and your family. If there is a possibility of domestic violence, then the court may not rule in your favor even if you file the case. Secondly, you have to consider whether you are willing to live your life with this woman. Will she not make life hell for you, even if you are not living with your parents? You have to be very careful in the choices that you make at this stage, because they might have a lot of impact later on. It would be best if I could talk to you. If you message me your number, then I will call you, or you can call me at 09555 507 507 and we can discuss what your options are and what would be the best course of action for you to take.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

As you had asked me, I read your query.  So follows the reply.

Filing RCR is of no use, its just waste of time, [1-2 years you will waste behind RCR, and the result if favorable also wont be of any use in getting you divorce]

For such a female who does not want to give divorce or does not want to live with you.

Only one option.

Either file divorce petition based on mental cruelty as she filed 498a etc..

and contest the divorce till you get divorce, ie till you come out of 498a case clean. 

These all will take 7-8 years to get over.  So if you have patience you can file for divorce.  

If you dont have patience...

If you have enough money, pay her in lumpsum and take MCD from her.

You be a free man in 6 months.

please also read PM

1.  First your parents have to file a suit for permanent injunction against your wife for restraining her to enter into their house.  In this case itself they have to file O. 39 R.1&2 temporary injunction order restraining her to enter and stay in their house.  Once they show their ownership rights on the property and also subsequentlly show your tenancy agreements, they will get interim relief within one month of filing the suit.

2.  Once your parents get the relief order as explained in para 1 above, if your wife files DV case for residential rights, that order in civil suit help them to defeat your wife's nefarious designs of usurping the property.

3.  You can either file RCR or Judicial separation, but I prefer latter.

4.  Contest all the cases filed by her on merits.

5.  The above advice is given on the basis that whatever you said in the querry is 100% true and presuming that you have not taken any dowry and forced her familly to spend ostentatiously in the marriage.

thanks bhai log.

other experts, please also come forward.

Your wife is not a terrorist that you are terrifying from her terror....

1. You have done all things what you can do.

2. Live separately from her now as she has deserted you.

3. Without a second thought file divorce right now<

Reasoning:

1. You got all false cases on you which will will fall apart once you fight the case on merit and then you will be automaticaly get relief pemanently from her.

2. Meanwhile when the litigation tennure will cross 2 years you will add another ground of divorce that is desertion and in this you will get sure shot relief as you have asked her to join you but she has not come.

3. on this ground you don't have to pay her any final alimony or maintenance to her after divorce.

4. Ask your parents to kick her out as where is she is living that is not her own house and now not even her matrimonial home bcz husband is not residing there.Without any second though ask your parents to file injunction suit and meanwhile pray for interim relief.

5.After her vacating her from your praents house you just ignore her,change your sim,don't bother to think about her bcz all  thing you have done initialy but it was she who ignored you,so here she will not sustain her plead that husband had ignored and deserted the wife because here husband has filed divorce earlier on her mental cruelty and finaly got another ground of desertion when she had not occupied you earlier.

6. Enjoy your life as you got your bail and don't bother about any further cases from her bcz all will go in dustbin within few years just giving her only boomerang.

. When she will be saturated she will come for amicable settlement.So,don't worry just enjoy the fate of litigation.

cheers))

thanks brothers.

others please advise

my bail is done . i talked to wife. i told her , i can fight cases till end and proove her false. yet, now there is time to reconcile. She has agreed to move out with me to my rented house but on a condition that she will withdraw cases after 6 months (when she feels secure with me). I told her, after 6 months she must withdraw cases accepting her mistakes (I told her clearly, i will not accept any charges on me) . She has agreed (i am not sure if she will keep her word) . My questions.

1) My priority is to get her out of my parents house. This should bring my parents some relief.

2) She might withdraw case after 6 months, and we try to live happily . Even if she doesnt, i will continue to fight the case. obviously, family life with her will suffer. atmost , what will happen. The same cases will continue as they are now. but in the meantime, i would have managed to get her out of my parents house.

Please suggest.

Boss you're going to commit the biggest mistake of your life. Rest assured that the ball will be in her court and she will toss according to her wish be oiprepared to dance according to the tune of your wife and in-laws.

It is a common understanding that love is mutually respectable, if she is putting in the clause that she will withdraw cases only if she feels secured I dont agree this point. At the end of the day you will be at bay from a legal persay, be prepared to face Sec 304 shortly. Boss have the courage to flush your emotions while contesting the marital cases, if you don't have guts then surrender like a slave to her and that's what you have done in this case. Have emotions when you see there is reciprocity. when she is hell bent on her conditions how would you agree on the conditions okay that's fine it is your life who are we to suggest you or give opinions.

If you ask you will end up in more a bigger trouble legally than leading a good life with her. There is a say if you're base is itself not strong how can you expect the building to be strong.

Good Luck Buddy!!!