Husband wants divorce as wife try to separate him from his parents

565 votes

You can file for divorce on ground of cruelty. You don't have to wait for the mandatory one year period to file the case. You can also file a case of defamation and lodge a counter FIR against your wife.

LawRato LawRato

607 votes

First of all hire a good lawyer to defend your case in 498a and 307 case as these allegations are of serious nature although unfounded . And contact law rato for the best services .
As far as divorce is concerned you can file divorce on the grounds of cruelty which is being perpetrated by her against you by pressurising you to separate from your parents and for filing false case then Defend the dowry case effectively. For effective and proper consultant contact us through Law Rato .

Advocate Suneel Kumar LawRato

958 votes

As far as i understand your question, she has filed criminal complaint against you and your parents when your parents were or are not living with you. There are catena of judgments like Preeti Satija wherein the Hon'ble Supreme Court of India has held such criminal complaints against the relatives and parents who are not the part of the matrimonial house of the complainant are frivolous complainants and hence were quashed. Therefore, file petition seeking quashing of the FIR and charge-sheet emanating therefrom before the Hon'ble High Court. After getting the same quashed, file for divorce on the ground of cruelty thereby citing such false FIR and complaint, which has brought disrepute to the family. Certainly, the Ld. Family Court will consider your plea and will pronounce in your favor. Further, if your wife (the complainant) does want to settle the issue then you can file for quashing thereby having her affidavit stating "no-objection" with regard to such quashing petition.
This answer will suffice your question and rest you can meet me for conference on the same. Thanks

Advocate Ujjwal Jain LawRato

897 votes

If she filed a false case against h then u should file divorce case against her if u want.
Prove her misbehaviour with proof and file a complaint against her.
File a complaint in ur concern police station where she threatened you to file a false case against u and ur family.

If u need any kind of help then can contact me thru lawrato

LawRato LawRato

670 votes

You can approach the Court for a decree of divorce on the ground of cruelty as the Supreme Court, in the case of Narendra vs. K.Meena, has held inter alia that persistent effort of the wife to constrain her husband to be separated from the parents and other family members constitutes an act of ‘cruelty’ to grant divorce. It is very likely that the Court will be convinced that conduct of your wife amounts to exceptional depravity and hence the divorce petition can be allowed even before the mandatory period of one year. You should also invoke inherent powers of High Court u/s 482 of Cr.P.C for quashing the criminal proceeding instituted against yourself and your parents on false and frivolous grounds. Moreover, you can also file criminal case of defamation against your wife by instituting a complaint before the Court of Magistrate.

Advocate Gyanendra Chaturvedi LawRato