divorce on the ground of mental cruelty
10-Aug-2023 (In Divorce Law)
Sir, I have filed a divorce case against my wife on the grounds of mental cruelty. My wife is threatening me to file a 498A case against me if I do not withdraw the petition and staying in my house and not leaving. What should I do? I got married in 2009 and since last three years I am living separately under the same roof. My wife and my inlaws are constantly threatening me and my mother to file the case and not leaving the house asking my mother to transfer the house in her name. I have 6 year old girl child . Please help me
Alright, so divorce case has already been filed by you. Great. Now file a domestic violence case on behalf of your mother. And make sure both the case must be contested in a good way so as to get the best result. No matter if she is threatening to file a case under section 498A of IPC. As per supreme court guidelines, in such matrimonial cases, the police will not register FIR unless the police calls husband and wife and try to conciliate the distute. Still for a safe side, you may file a written complaint on behalf of your mother before the State Women's Commission. So in brief, now you are supposed to file a domestic violence case before the welfare office of your district and a written complaint before the state Women's commision.
Firstly as you filed a divorce case pray for judicial separation till the finalisation of the case. At the same time you can pray the court to pass an order to make separate stay of your wife from you and cost of residence and maintenance should be borne by you. Ask your Lawyer for further assistance.
Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.
The FIR should be drafted by a good trial lawer .consult lawer before going for FIR
The FIR should be drafted by a good trial lawer .consult lawer before going for FIR
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