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Wife & father in law harrassing to leave widow mom and live separate


14-Feb-2023 (In Criminal Law)
Hi Im muslim I got married in April 2016 .Now my child is of 1year. Recently 10months back my father is expired.after 2 months of my marriage my wife started harassing me to leave separately from my parents,at that time my father is in Saudi ,he works at there. Only me ,my wife, my mom were staying in our home.but she want to leave separate .but I refused it.she went to their parents I made family meeting with her parents,there parents also supports her. Later on after few meetings & counseling she came. Later she is pregnant.she got delivered with baby.we (me& mom)were with her for 1week in the hospital after my son brother Within 2months my father expired due to heartstroke in saudi.she attended the funeral day &went her home after 5months of death of my dad she apologized us and came to my home. Now again she filed case on me &mom 498a. She is black mailing me to leave separate if not I will see ur end. What should I do. I can't leave my mother I'm the single son to look after her.
Answers (4)

Answer #1
883 votes
Hi
You should file a case of restitution of conjugal rights in family court and ask your wife and baby to come and live with you. as per supreme court, wife cannot ask husband to desert his parents and it amounts to cruelty if wife asks the husband to live separately from his parents
Answer #2
901 votes
Hi,
This is M.A RAHEEM KHAN Advocate, From : Hyderabad, @ lawarto.com

As per the Law of Natural Justice , it is your responsibility to take care not only your mother but also your wife and children, You have counselling the both to make good relationship and request them to live under same roof.
Answer #3
934 votes
According to me your wife has already filed a case under Section 498A of IPC and as such their is nothing to worry. Since honourable supreme Court has issued various guidelines to not to arrest the family members of husband and even in rare circumstance, if your are arrested. U can come out with in a day. So better to hire a advocate or else u can contact me. So I think your wife is also not residing with you. As such nothing to worry stay with your mother and do not leave her alone. And stick to your conditions and better you hire a advocate. .
Answer #4
667 votes
Now, are you residing separately or not 2. IF there is a FIR registered against you, there is no other option , you have to file restitution of conjugal rights against your wife, cont. Advocate for further details

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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