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Cunning wife demanding money

Shivendra Pratap Singh

Advocate

20/09/2015/ 8:33:28 AM

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I want to get your kind advise on what to do in the case of my cousin who is facing huge harassment from his wife. He is only 12 passes out, living in Amritsar along with parents and was working in CHINA and married to a girl who is DIPLOMA in nursing and jobless at the time of marriage.

It was an arranged marriage. After the marriage, the girl persuaded him to go to England at study visa. the father of boy borne the whole expenditure to send both of them to the U.K.

But only after 4 months, they both returned on the plea that weather there at the UK did not suit the girl. .the husband while staying a few months went to china. A baby girl was also borne then. When the baby was just 3 months old, the wife put pressure on husband and father in law, that she wants to do B.Sc nursing. Looking for her interest in studying the father in law got her admission in the city itself and college was just 10 km from home.

But soon after the admission, she insisted to study and stay in the hostel. Though unjustifiable, the in-laws bowed at her adamant attitude. Then She shifted her baby to Nani house in Bhatinda. Again the whole expenditure was borne by the in-laws family. After 2 years of study, she passed out and then insisted to do the job in LUDHIANA. i.e. a city where neither her in-laws lived nor her parents lived.

The husband was quite upset abroad decided to return to India. He along with father argued to return to Amritsar and do the job there if she wants to do. but she did not accept .her parents also argued but all in vain.

Despite repeated efforts when she refused to come back one day the husband, along with relatives in consultation with the parents of a girl used a mild force and anger brought the wife back. But this incident she reported to police that husband kidnapped her from the hospital hostel.

All of a sudden her parents also changed. now they are demanding a share from property to get rid of police harassment. Kindly advise what the husband does to save his parents. they already have spent 20 lacs on the wife. i.e. sending Uk and on higher education.

You should approach the High Court under section 482 CRPC for quashing the FIR. Husband is the guardian of the wife, both parties to the marriage must perform their marital obligations. Union of parties and cohabitation are the main marital obligation. Both parties are living in different places, she has no reasonable cause to live there (Ludhiyana) because ample opportunities are also available in Amritsar.

There is a catena of judgments wherein the Supreme court is directed that mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty and does not constitute an offence.

Section 362 IPC defines abduction as Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

There must be a criminal intention in doing the act, in your case, there is no criminal intent because the husband is the legal guardian of the wife so he has right to restore conjugal rights which have been destroyed by the wife. Wife has no reasonable cause to live separate if she has the opportunity to continue her job at in-laws city.

The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other’s fault to a certain bearable extent has to be inherent in every marriage. Quash this FIR immediately. File application under section 482 CrPC.

She has no right in husband’s property except maintenance. She is the absolute owner of her stridhan which is gifted to her at, before or after the marriage either from her parent’s side or in-laws side. There are several remedies in favour of the husband. You should try to stop the investigation and save yourself from harassment.

She has no right in husband’s property except maintenance. She is the absolute owner of her stridhan which is gifted to her at, before or after the marriage either from her parent’s side or in-laws side. There are several remedies in favour of the husband. You should try to stop the investigation and save yourself from harassment.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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