Legal Question in Family Law in India

threat from my wife
my wife is living with her father after filing 498A,406 and filed for maintaence. Suddenly she came home with her lawyer and threatened to file another false case,or comitt suicide saying I am responsible for it.. she is demanding 25 lakhs for not doing the above. Immediately I and my mother left for the police station and filed a complaint against her and her lawyer stating the facts. In the FCOP filed I have made an IA stating the facts and brought it to the notice of the judge and I have asked for restraining my wife & her henchman from entering my house.
Can I make an IA in the FCOP for restraining my wife.? if so can someone send me any precedent ruling favouring this. This is required for admission of my IA in FCOP.

Asked on 8/14/07, 11:59 am

6 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

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Re: threat from my wife

You have acted in right way.

If you are not interested in the matrimonial relation than why you have not filed divorce case against your wife because this will help you in getting stay order against your wife.

Answered on 8/14/07, 12:48 pm

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Re: threat from my wife

Yes,it is permissible.It is a normal course of court affair.You must also file case for divorce and there you can also ask for restraint order against your wife.There is no reason to continue with such relation.

Answered on 8/14/07, 12:57 pm

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Alok Sharma Alok Sharma & Associates

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Re: threat from my wife

i hope you are not going to pay money to her. You are lucky she is not living with you and has already started litigation. At least now you know all her allegations and no chance of fresh allegations. I dont follow FCOP. But you should file with out any further delay a divorce petition and one injunction suit seeking a restraint order as mentioned by you.

Answered on 8/14/07, 1:19 pm

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Homi Maratha N.N. Maratha & Co.-Advocates

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Re: threat from my wife

already replied to you

Answered on 8/16/07, 1:25 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: threat from my wife

Please write me if you have an Advocate in the case which is already pending. If yes, I do not consider it proper to record my opinion. moreover, we need more facts for a considered opinion.

Answered on 8/14/07, 10:36 pm

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