Wife filed fake case and not coming back to matrimonial home, advise

635 votes

Your marriage is just two and half years old. You both have a child. From your query it appears that your wife wants to live with you separately away from your father. You cannot leave your father. It is not the case that your wife does not want to live with you at all. Naturally nobody wants to avoid responsibility of looking after their parents, wife and children. Is there any reason why your wife does not live with you if your father is staying with you. Whose residence it is ? Is it your father's or yours or your ancestral property or are you living in an rented accommodation? Most of the times economic factors threat the peace of home. They also spoils relationships. Whether your wife is an earner or is she a home maker? You did not give details of that .You should also know why your wife is unhappy if your father lives with you. The differences also crop up due to different backgrounds and mindsets. The adjustments/compromises have to be made or differences sorted out by speaking to each other frankly. Understand each other points of view. Respect the views and feelings of your spouse. Nobody does all this for you. You have to take steps if you want to save your marriage. This advice applies equally to your wife. You have a daughter. If your differences and hostility last then what will be the fate of your daughter. A child needs both father and mother. If your wife had filed a false 498-A then you can defend it. But it will spoil the relationship with your wife further as the case proceeds. Nearly 80% of the 498-A cases which i had seen are falsely hoisted against husband and his relatives to bring the husband into submission. The relatives and friends of married women give a free advice even in small disputes between husband and wife to file a 498-A case against husband without knowing the future repercussions. If your wife had left you without reasonable cause then she is not entitled to maintenance but your daughter is entitled to maintenance under section 125 Cr.PC. Your wife and daughter are entitled to maintenance(also interim maintenance) in DV case if the circumstances and facts of the case require so. Do you have any evidence that she had taken all the gold including that of your mother's.? In a relationship like this we do not anticipate that a litigation would arise and that we have keep records or evidences like taking or receiving of gold ornaments /other things etc at the time of marriage. Those facts have to be proved like any other fact before a court of law. Whether your wife is entitled to Rs.30000/- monthly maintenance depends on so many factors like your earnings and standard of living. Why is she demanding Rs.30,00,000/- have you taken any dowry? or did you treat your wife with cruelty that she is seeking a sum of Rs.30,00,000/- as compensation or return of dowry? All these things have to fought out before the court of law since the matter is in the Court. In the circumstances if you both want to save the marriage it is up to you. For a minute leave your ego's aside and think of your daughter. You request the judge for counseling . The judge will direct both the parties to attend the counseling. Sort out your differences there in the counseling/mediation before a counselor or mediator. My advice is that you cannot solve a problem with a mindset and feelings which had created the problem. You have to go beyond or overcome certain things to have a reconciliation with your wife. Nobody is a winner in a matrimonial dispute. If you want to be right and correct you take the first step to talk to your wife and sort out the differences. If your wife is still adamant even after counseling or talks with you then you can always defend your case and prove your innocence. There is no other way.

Advocate C Hari Prasad LawRato

683 votes

You may please file a Restitution of Conjugal Rights Petition against her and even then, if she is not ready and willing to reside with you, you may go for divorce. If the cause is genuine, she is bound by the orders of the court to live together.

Advocate N Venkateswara Rao LawRato

506 votes

Dear concerned,
First thing you must do is file a case for Child Custody. Then let us see how your wife responses to it, then basing on her reaction we can decide further course of action accordingly. Further as a precautionary measure you may transfer your assets to any other trusted relative or friend, unless your married life comes to normalcy. You may contact us for further assistance.
There are two recent judgments in cases very similar to yours:-

1) Fᴏʀᴄɪɴɢ Hᴜsʙᴀɴᴅ Tᴏ Sᴛᴀʏ Aᴡᴀʏ Fʀᴏᴍ Hɪs Pᴀʀᴇɴᴛs Aᴍᴏᴜɴᴛs Tᴏ Cʀᴜᴇʟᴛʏ: Bᴏᴍʙᴀʏ HC

2) The Supreme Court observation in Narendra vs. K Meena had invited criticism from various quarters. The SC bench had observed: ““In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.”

Advocate Moizuddin Ali Ahmed LawRato