Want divorce wife threatening to file a false dowry case
21-Apr-2023 (In Divorce Law)
I am married since 6 years, we have a child of 2 years age. Things haven't been ok with us since 2 years, and we both want to separate, however my wife is not giving me a divorce. On one hand she is not interested in me at all and wants to do nothing with me or our marriage, on the other hand she gains pleasure in controling, threat and power. She keeps threatening me, for getting me arrested on false dowry case, mentally torturing me saying I will never give you divorce but will make sure your life is made hell. I keep complying as I don't want me or my parents to get arrested.
You need to take a decision on this and file a petition for divorce on the grounds of cruelty under Section 13 of the Hindu Marriage Act, 1955. Till the time this petition is not filed before the court, the problems which you are facing presently shall continue to trouble you. However, if you file a well-drafted divorce petition along with proper documentary and oral evidence then in that case I am sure you can either suceed in this petition itself or negotiate with your wife for a reasonable settlement leading to a divorce decree by mutual consent.
If you really want to divorce her file a divorce petition before the family court after filing the divorce petition either your wife will behave properly or she will file a complaint for dowry. If she will a dowry case, her plea will not be entertain because six years has been elapsed and divorce petition would be pending in court at that time. In both the situation is win-win for you.
Revert me for any other query. Best of luck
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