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Wife blackmailing to give divorce if I stay with my parents
08-Mar-2023 (In Divorce Law)
Hi we got married 8 months back.Wife stayed with me only for 50days that too not continous here and there.She says my parents torture her for all silly reasons.She has gone without informing 2.5 months back before that 1.5 months (Almost same routine repeated) no response from her or her parents.Recently we discussed with there family. Her parents and she says she will not come to our home. She wants to me to make separate house then she will come and blackmails if she comes here she will die. Also she says if i am not getting separted she takes divorce and answer in court.i am not ready to leave my parents thats my rigid decision and informed before marriage also.What action can be taken legally? is there any possibility of she filing wrong case.How to resolve it and come out of it.I am calling her to come back but theres no response.Our religion is Hndu.
Hi in this case you can file a case of restitution of conjugal rights in family court which means asking the court to order the wife to join you and lead matrimonial life with you, she may try to file domestic violence case or maintenance case against you, further regarding 498A and dowry harrasment case but now days the cases regarding dowry harrasment and 498A will not be registered unless the procedure prescribed by supreme court is followed which invloves conciliation, enquiry etc.
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Adv. Bharat Narasgouda
Belgaum | 500+ Answers
Chat
Dear friend,
Yes all relief can be availed at within limited period time and specified time , but have to contest very ethically and correctly to not make any mistake , better you may contact our office at earliest or calm for appointment to understand all the legal aspect and help your self .OFC : Adv pankaj Kumar & associate....
Yes all relief can be availed at within limited period time and specified time , but have to contest very ethically and correctly to not make any mistake , better you may contact our office at earliest or calm for appointment to understand all the legal aspect and help your self .OFC : Adv pankaj Kumar & associate....
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She can file a false case against you. It is your luck that she has not already filed it. If you file for divorce it will be too expensive for you to give her alimony and maintenance. But you cannot sit quite either. There is law to help you.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
Chat
See,
She cant insist you to come out of your family. You have equal morel obligation to look after your parents too along with your wife. There is new ruling of supreme court that wife do no insist her husband to have separate residence or to come out of his family leaving behind his parents.
In case the Supreme Court observe that " A son maintaining his parents is absolutely normal in India and ethos"
Here are two option, One in case if you want to get back your wife, you can file a restitution of conjugal right. Here you can explain the reasons why she has left the home. Even in case if she file the wrong case, burden of proof on her to prove all her allegations.
She cant insist you to come out of your family. You have equal morel obligation to look after your parents too along with your wife. There is new ruling of supreme court that wife do no insist her husband to have separate residence or to come out of his family leaving behind his parents.
In case the Supreme Court observe that " A son maintaining his parents is absolutely normal in India and ethos"
Here are two option, One in case if you want to get back your wife, you can file a restitution of conjugal right. Here you can explain the reasons why she has left the home. Even in case if she file the wrong case, burden of proof on her to prove all her allegations.
Helpful?
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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