Wife is going to file false case of section 498.How to protect family?

In Divorce Law

My wife is going to file a case of 498 against me and my family. What should I do to protect my family?

My wife is living at her parents' home since 4 months because I don't want to live in a separate house. She has problems with my parents and her father also told me to leave my family and settle in a new house. My wife demanded for a maid for household work which was not provided to her.

Please help.

Answers (1)

488 votes

If you intend to live with your wife, you may file a case for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955. You may also file a complaint against your wife for leaving her matrimonial house on her own accord.

Ideally the Police should not register an FIR if your wife is living separately from you, so make sure that you have got some solid proof for the same. You may either file the case under Section 9 as mentioned earlier, or send a Legal notice to your wife at her current address asking her to come back. On the basis of the notice you may file the Divorce immediately.

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