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How to safeguard from wife filing complain and how to get Divorce?
01-Jun-2023 (In Divorce Law)
My wife left my home 4 days after our marriage complaining I am unable to satisfy her physically and saying that my family is very complex and complicated and keeps fighting, I do not give her time, go to office early and come back late. We got married 1 year ago.
Since 1 year I have been requesting her parents to send her back but they are not sending her back. She not doesn't even talk to me on the phone. Her parents say that she doesn't want to keep any relationship.
I got my medical test and am potent as per reports. What should I do to safeguard from her filing 498 and how do I get a Divorce from her?
Regarding safeguarding yourself from her filing a false complaint, we would suggest that you try and collect evidence that proves that she is herself not willing to come back to her matrimonial home.
If it is possible, try to get her to state the reasons for leaving the matrimonial home maybe over the phone which you may record or over messages or email etc.
Basically, you need to collect materials to prove that you did not subject her to any domestic violence and nor did you make any dowry demands and that she has left the matrimonial home on her own volition for her own reasons.
Furthermore, you can even send a written intimation to the police stating that you suspect that your wife may file false complaints against you.
With respect to a divorce, one option available to you is to go for divorce by mutual consent. However, this depends on whether she is willing to give you a divorce as well or not.
If she agrees then this is the easiest way of getting a divorce. Otherwise we shall have to fit your situation within one of the grounds enunciated under Section 13 of the Hindu Marriage Act.
You can file a petition for divorce under the grounds of cruelty. The term cruelty includes both mental and physical cruelty. The fact that she left the matrimonial home within 4 days of marriage and has not returned ever since despite all your attempts is mental cruelty.
Furthermore, the Delhi as well as the Bombay High Courts have held that willful denial of sex by one of the spouses amounts to mental cruelty and therefore, is a valid ground for divorce.
The fact that she left you and you have stated that you are potent, it shows that she is willfully denying you sex, thus, amounting to mental cruelty.
Kindly contact us for any further details and action.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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