Physically abusive wife. Threatens to file false case. What can I do?

In Divorce Law

My wife abuses me physically and verbally and also threatens me that if I will touch her she will call the Police and get me arrested in a false dowry case. I want a divorce from my wife. I have never used a single rupee that belongs to her.

Infact the car that she got with her, I have never used that in 4 years. Please help me. Its getting worse by each day. She hit my mummy today.

What to do?

Answers (1)

301 votes

In view of your circumstances, if you need you can file for a Divorce on grounds of Cruelty inflicted by your wife under the Hindu Marriage Act 1955, detailing therein the cruelty and torture meted out to you and your family at the hands of your wife. 

Further you can also lodge a complaint with the concerned Police Station about the injuries / physical abuse / physical violence sustained by you / and / or your family at the hands of your wife.

In case your wife wants to file a Dowry case against you and your family, the fact that you have not taken any money from her and have not used the car she brought along as Dowry does not stop her from filing the Dowry charges against you and your family, and she may press these charges on the ground that you and your family accepted / asked for Dowry – which is an offense under the Indian Penal Code.

We would suggest that before your wife initiates any false or frivolous action against you, you should immediately approach the Police or the Court to protect your and your family's interest.

Specific instances and details of the physical violence meted out by your wife to you and your family will make your complaint stronger to the Police and will be a strong evidence of Cruelty when you file the Petition for Divorce under Section 13(1) (ia) of the Hindu Marriage Act 1955.

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