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How to avoid divorce if wife has filed false domestic violence case?
23-Apr-2023 (In Divorce Law)
What can I do if I am not willing to leave my wife who has filed a case of Domestic Violence against me? We have been married for 22 years now. I have been a government personnel and my job posted me to different places.
My wife filed a case last year claiming that I have been violent with her for the past 8 years but that was a time when I was away from home. I do not want to break my family like this but I don’t know how to sort this out as well.
If you do not want to break your marriage, then you need to speak to a marriage counsellor and try to resolve the issues. You need to speak to your wife and figure out why she has filed the said complaint.
If you can reach a settlement, then the complaint can be withdrawn.
If your wife is living separately, then you can file a petition for restitution of conjugal rights under the Hindu Marriage Act before the competent court.
Legally the other method would be going for a divorce.
Now if your wife is not ready to withdraw the complaint, then to safeguard yourself, you should record all conversations with your wife so as to prove in court that the said complaint is false and baseless.
You can file a petition for Restitution of conjugal rights under Section 9 of Hindu Marriage Act whereby Court can pass an Order.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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