Want divorce wife threatening to file a false dowry case

Question

Want divorce wife threatening to file a false dowry case

21-Apr-2023 (In Divorce Law)

I am married since 6 years, we have a child of 2 years age. Things haven't been ok with us since 2 years, and we both want to separate, however my wife is not giving me a divorce. On one hand she is not interested in me at all and wants to do nothing with me or our marriage, on the other hand she gains pleasure in controling, threat and power. She keeps threatening me, for getting me arrested on false dowry case, mentally torturing me saying I will never give you divorce but will make sure your life is made hell. I keep complying as I don't want me or my parents to get arrested.

Answers (5)

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Adv. Ridhima Chhatwal Adv. Ridhima Chhatwal

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Advocate Roshan Santhalia LawRato · Accepted Answer · 2016-04-21T06:34:23+05:30

Answer #2

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.

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Adv. Roshan Santhalia Adv. Roshan Santhalia

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Advocate Atul Patni LawRato · Accepted Answer · 2016-04-21T08:44:57+05:30

Answer #3

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

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Adv. Atul Patni Adv. Atul Patni

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Advocate Manish Kumar Singh LawRato · Accepted Answer · 2016-04-22T00:05:29+05:30

Answer #4

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.

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Adv. Manish Kumar Singh Adv. Manish Kumar Singh

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Advocate Sanjay Dubey LawRato · Accepted Answer · 2016-04-22T01:26:58+05:30

Answer #5

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

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Adv. Sanjay Dubey Adv. Sanjay Dubey

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