legal action against wife for blackmailing me and my parents

936 votes

You should never leave your aged parents, for they are the ones who brought you into this world. Supreme Court by its recent ruling stated a husband is entitled to get divorce if his wife does not want to live with her in-laws (husbands aged parents).

First you need to lodge a complaint under section 506/120B IPC against your wife and her relatives who are threatening you to implicate you in a false case under section 498A IPC, domestic violence and dowry. If police do not register FIR then you send a written representation along with a copy of your complaint to SP/CP. Thereafter you need to file a complaint case before JM/MM. This case will protect you and your parents from her threats and binding her hands from filing a false case.

Next can either file a divorce petition on the ground of cruelty or go for a mutual consent divorce,

Mutual Consent Divorce
if both of you agreed for MCD and come to settlement, then you both need to file a petition for MCD before DC. This process is much simpler and easier compared to contested divorce. Takes six months and you both together have to appear only twice before the court, first motion on the date of filing the petition and second motion after six months to get the decree of divorce.

Contested divorce
If you both have not come to any settlement or either party is not willing to give divorce then one party to the marriage can file a petition for divorce on the ground of cruelty. This takes at least a year or more.

For custody of your daughters, you can submit the same facts before the Court that she is irresponsible mother and due to her fault you lost your third daughter. Court will consider all these relevant facts before deciding as to who will get the custody of the children. But there is every possibility you might loose the custody of your 1.5 year old daughter as she is a breastfeeding baby and your wife will get her custody till she attains the age of five. You can get the custody of your 4 year old daughter who is not breastfeeding. As per the law, the father is the legal guardian and entitled to gets the custody of children once the child attains the age of 5 years.

If you and your wife have decided that it is not possible for both you to live together and all honest efforts to save the marriage has failed, then you can contact me for counselling and filing of a divorce case (either contested divorce or MCD). You can get my contact details from LawRato.

Mr. Robert D Rozario
Advocate Calcutta High Court

Advocate Robert D Rozario LawRato

689 votes

You have to move to the competent Court and file a case for Divorce on contested basis and another case if required for child custody. In order to provide you further detailed information, a detailed information of the case is needed.

Advocate Sreemon Bose LawRato