Legal Question in Family Law in India

Re: Reg. Divorce

you issue notice or file a petition for restitution of conjugal rights. in respect of her threat you seek anticipatory bail if she files any complaint

Re: Reg. Divorce

It appears that she is threatening you with initiating proceedings u/s498A of crPC, which is admittedly favouring wives.

However, the advisable course will be for you to immediately initiate proceedings for divorce on grounds of dessertion and cruelty. Upon this, she will definitely start 498A proceedings against you, for which, you should take a bail from teh court, and if possible, anticipatory bail.

Re: Reg. Divorce

Send a legal notice through an advocate narrating all the necessary facts and ask her to come back home with the child. Mention also that she had left on her own without any compulsion.

Then after some time if no response

Engage an advocate to File a Petition in the Family Court for Restution of Conjujial Rights and ask her to come back.

As a counter blast she might register a complaint for harrassement or dovery demand, but you have to be alert and if you get and summons or telephone from police just take note of it and apply for anticipatory bail mentioning the legal notice and Petition filed in Family Court.

In my opinion this is the hard way but a required way to take care of your life. You just cant live in fear.

Re: Reg. Divorce

apart from what has already adviced to you, i will add that the issue is very serious and whatever has been adviced is what generally happens and may vary in ur case.

its better to engage a counsel and discuss the matter in detail and then only take some steps.

god will save you from ur wife

Re: Reg. Divorce

If you are living outside India than enjoy your life as she cannot do any thing against you as your presence is must when your wife alleged some allegation against you'

It is better for you to settle all your dispute with your wife amicably with intervention of your and near and dear.

You may lodged the report to the concerned police station against your wife in this regard.

You may file divorce petition against your wife on the ground of separation and cruelty. For further contect me or any lawyer.

Re: Reg. Divorce

The marriage has already lasted 8 years. you have crossed the danger mark of 7 years. That is a comforting situation.

Right now she is at her parents. Most likely, she may not return on her own unless u make a request. Try to remain in sweet communication with her and her family without insisting upon her to return home.

Make a detailed note of all the threats given by her as also of all such facts which u feel amounted to humiliating you or ur family. Send me the same for legal scrutiny. If actually she has committed cruelty on you or your family, that will be a ground for divorce.

If a ground for divorce is made out, and you are genuinely interested in dissolotuion of marriage, appropriate advice shall be given to you after reading facts you may supply.

The criminal case under 498-A and 406 can be made out against you and your family if (a) you people are committing cruelty on her; and/or (b) you have refused to return her istridhan.

you can consider to protect yourself from the intending case by giving advance information to the police about her belongings / istridhan and about your willingness to return the same. You also need to inform the police about her cruelty acts.

Better course is to wait for some more time. Let me see your fact-sheet / allegations of cruelty against her and shall advice after that.