Want divorce from my wife can wife take any legal action against me

969 votes

Hi
Yes even after you giving maintanance she can file criminal case against you. But at this stage I can't say whether the case will be proved or not, but she can file a case .
If u don't want to continue matritonial relation. With ur wife you can file a divorce case. It is always better for u to approach the court for divorce, before her filing a criminal case.this may not stop her from filing a criminal case, but definetly ur divorce case will be strong and you will have a good defence if she if a criminal case.
As an advocate I will definitely not encourage for divorce, try and settle the matter amicably.

Advocate Shalini Junjur LawRato

563 votes

As long as you are in matrimonial relationship you have to maintain. If you are planning for divorce you can absolve from her physically. However, you have to prove the grounds of divorce which the lawyer will take care of. Unless, you cause her harm physically ,mentally,etc. she cannot take any action. Have an Settlement Deed prepared so as to protect urself from any allegation of sihoning of her jewels, money,etc.

LawRato LawRato

922 votes

HI,
yes she can take legal action against you. plenty of sections will help her to file cases against you.
she can file and claim maintenance from you under CR.P.C. and DVC.
she can file restitution of conjugal rights U/S 9 of HINDU MARRIAGE ACT in order to protect her marriage.
if you can convince her to give divorce you can file divorce by mutual consent U/S 13-B of the Hindu marriage act.

Advocate Sree K Sivakumar LawRato