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How to save self and family from wife who is planning to file a FIR?
30-Mar-2023 (In Divorce Law)
How can I safeguard myself and my family if my wife is threatening me saying she will file a Dowry and harassment 498 FIR against us? My wife has left my parent's home a month ago on being persisted by her parents and they are now asking me to come and take her back if I wish to stay with her. She stayed with my parents after marriage and I used to meet her on weekends as I work in a different city.
Small arguments always used to happen between me, my parents and her. We were also given some Dowry money at the time of marriage without our consent and demand.
My question is what should I do now to protect myself and my family in case my wife plans to file a 498 against us.
Also, can I get her back by any legal way?
You may try to settle the matter amicably as an initial step wherein you may take along your parents and other relatives to your wife's parents home as they are inviting you to come and take her back with you.
In case you feel that this may complicate matters and are sure of the ill intent of your wife and her parents, we suggest that you intimate the nearest Police Station about the facts of your case in writing stating that your wife and her parents may file such false case against you and your family. You must also explain what all articles, especially the jewellery has been taken with her.
The legal way to get your wife back from her paternal home is to file a case for restitution of conjugal rights under Section 9 of the Hindu Marriage Act 1955.
We are mentioning the Section 9 of the Hindu Marriage Act below for your reference:
When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights land the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may Decree restitution of conjugal rights accordingly.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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