My wife left me 1 year back to her parental town which is common for both of us.She is also having our daughter.I tried to reconcile the differences but its taking too long to get the response.There is no legal case from their side as of now niether there is indication of coming back.I want to know a few things.I don't want to initiate anything legal which gives the other side hint about it which might trigger the false accusations from there side as per Hindu marriage act.
1. How can i safeguard my brother who is under training in a govt organisation also the second brother is living abroad .
2. How can i safeguard my parents from legal harrassment.
Thanks for your inputs in advance.Threat of false anti dowry case?
I agree with Kartoos. Let me extend what he said. You need to file a Non Cognisable statement at your local police station just informing them that your wife has left you and that you have never harassed her. You must also add in it that if she tries to file any false complain against you or your family, the case should not be registered without your side being heard.
This statement will help you get Anticipatory Bail if a complain is registered of DV or 498A.
Meanwhile, if you do not want to file an RCR (sec9 of HMA) I think you will make a big mistake.Threat of false anti dowry case?
Has IPC 498(A) initiated against you? if not file a complaint with yr area police station rrequesting yr wife to return as she has deserted you %26amp; show yr willingness to cohabit with her, create the impression that you want to live with her, so that what ever be the reason you can prove that even after desertion you are willing to cohabit with her. In yr case she must be having some ideas of her own, she may not come but cover yr self legally.
please file a suit for restitution of conjugal rights and suit a case first,before that try to know that why she does not want to come back.is she is afraid of your parents or she wants to live separately with with u?are u giving the maintanance for 1 year?if she still does not want to live with u than file that suit
contact a lawyer about the necessary safeguards . and write a few letters to her asking her to come back . that should be proof that you tried to reconcile . but dont overdo it , or your wife might realise what you are doing .
besides , she hasnt filed a complaint against you for the past one year . if she files a complaint now , i dont think it would be taken too seriously in court .
also ,you can try filing a case against her for keeping your daughter away from you .
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