Wife trying to separate from family & threatening to file false case
29-Mar-2023 (In Divorce Law)
Hi I want a divorce from my wife because I think she wants to separate me from my family. Many times I have heard that she wants to separate me from my mother. I have sent her to her mom's home for 3 months but now she again came back suddenly without informing us. I am straight forward asking them ( her mother & father) to take her back as I don't want to continue this marriage because I don't trust her anymore. Her family is not taking her back and saying that they will file a false case against me. What cases they can file? Do I need to collect any proof of my innocence? We are well educated people, we never asked for any dowry. We never ever hit her. I shouted many times on her but never hit her. Please suggest what to do?
Dear client,
She is ur wife, being wife she is entitled for some rights, u can not divorce her straight otherwise u have to pay a lump sum alimony, even if she is not fair, u need to proof mental cruelty on her part, then only you can be saved from alimony, on the other hand she can sue you for dowry harassment, domestic violence and such other false litigation, falseness of her litigation will be part of evidence, but finally you would have to face troubles, do one thing collect proof whatever to proove her cruelty,hire a competent lawyer and file a divorce case taking ground of mental cruelty, court may free you from alimony.
Hope you are satisfied, thank you.
She is ur wife, being wife she is entitled for some rights, u can not divorce her straight otherwise u have to pay a lump sum alimony, even if she is not fair, u need to proof mental cruelty on her part, then only you can be saved from alimony, on the other hand she can sue you for dowry harassment, domestic violence and such other false litigation, falseness of her litigation will be part of evidence, but finally you would have to face troubles, do one thing collect proof whatever to proove her cruelty,hire a competent lawyer and file a divorce case taking ground of mental cruelty, court may free you from alimony.
Hope you are satisfied, thank you.
As per the latest Supreme Court verdict where a wife persistently demands separation of the husband from his parents it amounts to cruelty and a divorce can be granted on this ground.
Before you seriously consider going for a divorce give it a second thought for relationship once wrecked are hard to repair. Also see if some sort of reconciliation is possible by a mediator or a well wisher to figure out if some sort of patch up is possible.
The moment you press for divorce you shall expose yourself to all sorts of perils that Indian husbands usually are exposed to including inter alia criminal prosecution under sections 498A, 406, 323, 341, 506 of the Indian Penal Code and cases under Domestic Violence Act.
Further if your wife is not working you may be liable to pay interim maintenance till the disposal of the divorce petition and permanent alimony if the divorce is granted.
An unscrupulous and disgruntled wife may also try to drag in husband's relatives including his mother.
Before you indicate getting divorce to your spouse, make sure you're armed with all the necessary proof which will prove your grounds including cruelty and also those that will constitute your defence for her possible counter action.
Before you seriously consider going for a divorce give it a second thought for relationship once wrecked are hard to repair. Also see if some sort of reconciliation is possible by a mediator or a well wisher to figure out if some sort of patch up is possible.
The moment you press for divorce you shall expose yourself to all sorts of perils that Indian husbands usually are exposed to including inter alia criminal prosecution under sections 498A, 406, 323, 341, 506 of the Indian Penal Code and cases under Domestic Violence Act.
Further if your wife is not working you may be liable to pay interim maintenance till the disposal of the divorce petition and permanent alimony if the divorce is granted.
An unscrupulous and disgruntled wife may also try to drag in husband's relatives including his mother.
Before you indicate getting divorce to your spouse, make sure you're armed with all the necessary proof which will prove your grounds including cruelty and also those that will constitute your defence for her possible counter action.
Sir, you can file complaint against your wife in your jurisdictional police station for harrasment and consult in legal aid office for further procedure and mediation. Your wife may file complaint u/s 498 of Indian Penal Code for harrasment or complaint under Domestic Violence Act against you and your family
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