Procedure to take divorce where wife cant put false allegations

907 votes

Hi vivek,
After reading your query , I can make out that you are more interested in stopping your wife to file false cases against u and your family, in that scenario , I would advice to make formal complaint stating that you are under threat of your wife to file false cases and file it to the appropriate police station, if your wife is also creating chaos in your house by abusing you and your parents or pretending to hurt herself to file false cases against u and your family , please file a written complaint to the police station of your jurisdiction.
For divorce you can go for two options
1. Divorce as per mutual consent
( which is by the consent of both the parties) which As mentioned in your query that you don want to compromises , chances of which are less. Still of you make up of your mind for a divorce by way of mutual consent , we have to file a joint petition , and you will be able to get a divorce in a years time.
2. You can go for divorce on the basis of cruelty. Basing on the acts of cruelty your wife has done.
Not making food for the husband and not discharging her duties of a wife also amounts to cruelty. For that I need to have more facts.
And don forget to take a diary number on your complaint and have a photocopy of the same with u as u are creating a defence for your self.
Please write everything in your complaint right from the inception of marriage till date that too in the chronological manner.

Advocate Shubham Mahajan LawRato

647 votes

Vivekji you can't stop anybody from making any allegations against you.its veracity has to be tested and proved in court of law...you can ask for divorce by filing a case of divorce against your wife on grounds of cruelty, torture or other reasons say it b adultery impotency that's totally on you...as far as compromise is issue the same cannot be coerced upon u unless u consent

Advocate Ashutosh Dubey LawRato

794 votes

Hi Vivek. The only way we can defend the wife is being aggressive so that we have the first mover advantage. Before she files any case, criminal or under provisions of Hindu Marriage Act or other incidental statutes, against you, it is imperative for you to move court and put on record your grounds for obtaining a divorce. it will be a better strategy to put forth your foot first rather than defending litigations later.

Advocate Rahul Malhotra LawRato

833 votes

Have you filed the divorce petition? If yes, then proceed accordingly. Now she will say that she will behave properly and don't want to dissolve the marriage. But at the end it's your call, what you really want to do. Because litigation takes little time and if you have made up your mind. Act accordingly. All the best.

Advocate Atul Patni LawRato