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Procedure to file for divorce from abusive wife
09-Oct-2023 (In Divorce Law)
I bought a flat in Greater Noida against home loan in 2013 as only owner and only borrower. Where I started living with my wife. In Feb,2016 I got married. My wife is house wife. Within few months my wife started troubling me because of her very short tempered nature. She started using abusive language for me and my family members, sometimes physical abuse too. Now I have decided to set apart and file divorce case. Please advise me how to proceed. What precautionary steps I need to do to avoid false allegations and my house coming into disputes as result of divorce, since I am single owner and borrower of my flat?
Precautionary steps are that you should not behave abusively, second gather evidence of wife's behaviour. File a divorce case against her get her correct residential address. We are located in greater Noida further u can contact is for case proceedings. Thanks.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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First of all you should move a complaint to SSP after that file a Divorce petition u/s 13 of H.M.A on various grounds like Adultery, Cruelty which is of two types 1. Mental cruelty 2. Physical cruelty, as well as you can drag your wife by implicating her that she is suffering from mental disorder & psychopathic disorder.
On above-mentioned grounds u get divorce from your wife.
On above-mentioned grounds u get divorce from your wife.
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Adv. Anupam Kumar Gupta
Varanasi | 100+ Answers
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After perusal of the entire facts described by you. I am of the opinion that you are in big trouble. At present the laws are in favour of your wife. She can file complaint against you and your family members for demanding dowry and harassment for the same u/s 498A IPC and 3/4 dowry act. But according to the latest judgment of supreme court the police officer must investigate the facts of the complaint first and not arrastted the husband and his family members. It is to advise you to prepare some proof in your favour first like vedios recording, phone calls and some written complaint file before police station and get its receipts. Your wife can not claim regarding ownership in your self aquired house but ask for living space under domestic violence act and also claims Mentinance allowance from you as she is house wife not self earnings member. You can file divorce petition on the ground of cruelty and misbehaving with you and your family members. You can take further advice from me as you require
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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