Want divorce wife threatening to file a false dowry case

510 votes

Hi Sir. We have been dealing with such cases. Let me bring to your notice that now the Supreme Court has given a lot of judgments in which the women cannot take any undue advantage of the law made in favor of them. The police has to conduct a thorough inquiry and investigate the matter before arresting anybody if a complaint comes with regard to 498A (dowry). Please feel free to connect for further discussion. Will be able to help you in a better way.

Advocate Ridhima Chhatwal LawRato

751 votes

Hey,

You need to take a decision on this and file a petition for divorce on the grounds of cruelty under Section 13 of the Hindu Marriage Act, 1955. Till the time this petition is not filed before the court, the problems which you are facing presently shall continue to trouble you. However, if you file a well-drafted divorce petition along with proper documentary and oral evidence then in that case I am sure you can either suceed in this petition itself or negotiate with your wife for a reasonable settlement leading to a divorce decree by mutual consent.

Advocate Roshan Santhalia LawRato

933 votes

Don't worry Sir. Every marriage has some ups- downs. This phase might not be as good as the previous one. But sooner or later your wife will realise her fault.
If you really want to divorce her file a divorce petition before the family court after filing the divorce petition either your wife will behave properly or she will file a complaint for dowry. If she will a dowry case, her plea will not be entertain because six years has been elapsed and divorce petition would be pending in court at that time. In both the situation is win-win for you.
Revert me for any other query. Best of luck

Advocate Atul Patni LawRato

908 votes

You do not need to be threaten from all these statements that some body will put u and ur family behind the bar by making false complaint. That in matrimonial matters there are certain procedure and guidelines has been set by the apex court through catena of judgement to ensure the safeguard of liberty of adverse party and further it depends on the facts and circumstances of each case. So it better to go and take an advise from a competent lawyer.

Advocate Manish Kumar Singh LawRato

741 votes

first of all u have to file petition for restitution of conjugal rights in family court which will issue summons to your wife .After your wife appears there in family court & files her statement in that case then only it can be further decided wether to proceed for divorce or any other appropriate legal steps to be taken

Advocate Sanjay Dubey LawRato