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Wife left Marital Home for Aashadam and doesnt want to return back
Question
I Married on 24/12/2020 and My wife Joined with me on 09/01/2021 and left my home for Ashadam on 04/07/2021 and doesn’t want to return back. I have issued legal notice to restitute conjugal relationship on 14/08/2021 and received reply from my wife on 24/08/2021 with all the allegations and suggested to dissolve marriage paying compensation of 30Lacs. I replied on 04/09/2021 point wise and condemned all the allegations and asked her to resolve issues any through mediations at my home. She filed a false Police Complaint on 01/10/2021 and i am asked to visit Police station and both of us are counselled. She said she is fearing to join back and i said i am ok her joining back. In this situation, since my wife filed Police complaint with all the allegations, and i have been called to Police station along with my father for no fault of mine. Even If she withdraw complaint and join back with me, 1.) what can i do in favour of me, for the false complaint filed and harassment caused due to calling us to Police station where we never went in our lives. 2.) How can I prevent my wife filing such a false complaint if we relocate to a different place on profession. The complaint filed is false/arbitrary and my wife is asked by Police if i(husband) ever go on her Physically. She said No. But what if she says Yes, arbitrarily in a different jurisdictional police station filing such false complaint to harass me. Please guide.
Answers ( 4 )
When the wife rejoins, make sure that in the statement before the police, she states that there are no disputes between the parties and is joining the husband on her own will and without any pressure from anyone. Further, you cannot stop your wife from making false assertions against you however in the investigation if the police has a reason to believe that this is a false complaint and filed only to pressurise the husband to work as per the wishes of the wife, the police has power under section 182 to file a complaint against her for institution of false complaint.
The facts are very limited in the query, the advice may vary depending on the full factual scenario regarding the conduct and the contents of the complaint filed. You may contact us via Whastapp to book a consultation with the expert on the matter for detailed advice.
We are fine until 05.08.2021 where a dispute arose regarding an understanding on financial matter only.Further to which my brother-in-law came to my house on 09.08.2021 and spoke arrogantly to us and took out all her belongings while being on call with her and she is instructing where the things are available at my home. He took all of them with out our permission and challenged that we ‘ll see each other. I visited personally their home and requested my wife to comeback but she denied.I have even spoken to her family members and asked them to send her, they said they cannot tell her and its her decision. I issued a Legal Notice on 14.08.2021 asking her to restitute conjugal relationship. She replied on 24.08.2021 with all the allegations and she doesnt want to return back and suggested to dissolve marriage paying compensation of 30 Lacs and settle the matter out of the court and also said there is no compromise to restitute conjugal relationship. I replied to her notice on 04.09.2021 denying all the allegations made and instructed to settle any differences through mediation.The Allegations are in the nature of Financial Freedom, Social Freedom, Marital obligations, regarding Marital Home and conditions and restrictions at marital home which are all outright false. My wife doesn’t share with expenditure at all at Marital family and always depends on Husband savings her funds. She called me over phone on 11.09.2021 asking us to visit their pleader chamber to resolve the matter and further their relations called asking us to visit their home for no fault of us. We asked my wife and family to visit our house to have discussions and settle matter which they outright denied. On 01.10.2021 they gave a written complaint with all allegations at Police station and i have been called by the Police on the same day to visit Police station. We both are counselled on 06.10.2021 and told that these misunderstandings are common and both have to understand , i informed i am ok if she comesback and she can join but she denied saying that she fear coming back to Marital Home. My brother-in-law said the he doesn’t want to send her without her interest. That is the current situation of the matter. The complaint filed has allegations like that her phone is checked, body shaming, that legal notices are issued, funds demanded etc. My Brother-in-law and Mother-in-law continously involve into my family and my wife supports them, things have gone worse due to. Please guide.
You are advised to share the copy of the notice received and the reply sent through the advocate.
In these circumstances, some facts are seemed to be established already between the parties before the police complaint was filed. the written complaint talks about the RCR notice and reply?
Details like your legal notice, reply sent by wife, police complaint are required to be examined. You seemed to have not properly legally advised. Seeking restitution of conjugal rights (RCR) in given circumstances is not proper remedy. Matter was required to be tackled tactfully. Even if a decree is passed in RCR case even then no court, authority can force opposite party be it husband or wife to join matrimonial house against his or her wishes so ultimately divorce remain the option. 1 & 2 As such no remedy except to adopt few precautionary and preventive steps.