Wife threatening to file a false dowry what can I do
10-Oct-2023 (In Divorce Law)
My Wife has problems with my family, and is pushing me to live separately. Initially my parents too faced the problem but later they adjusted and now have changed themselves accordingly, My Wife's anger is not scalable.. when she starts shouting, she doesn't care whom she is talking and in what language. This is happening more often now. She threatens to file the harassment and dowry case, if we shout back. she speaks to her mom every second. Me and my family always try to start fresh but never succeeded. My physical relationship is also a question mark, she never feels anything for me. In the past 2 years, i can actually count on fingers, the time we had intercourse. I was planning to take her to the doctor, but then she refused I feel, i am stuck, i love my wife though, but she has started defaming my family and me. Is there way out of this legally.
Your case is not a isolated example of growing misuse of Dowry prohibition act and also to some extent Domestic violence act ,Hon'ble Supreme Court recently had taken serious note regarding this misuse and how family member of husband are tortured .Yes there is solution and way out ,there are lot of grounds in your case where you could easily get Divorce ,as both of her acts comes under cruelty ,and there are number of landmark judgment on this where Hon'ble court had granted divorce degree to husband .If any other query you are free to contact ,always welcome !
Unfortunately to become safer you have to file the case of divorce and 498 a .in this case you can say that my wife threatened me to file false dowry case .and denial of conjugal rights .although you didn't want this but this only way you could safe .
There can be precatuniary remedy for u as the things going in ur life is common now a days but it can only be resolved through mutual understanding so go for the same without getting it too late as there are many goverment as well as non goverment organisation who can help u in this manner u can also write to mahila ayog for the same they look in to the matter and try to resolve it in betterment of your entire family
आप सबसे पहले जल्द से जल्द आपकी पत्नी द्वारा दी जा रही दहेज संबंधी धमकी के बारे में लिखित तौर पर निकट के पुलिस थाने पर दें...!
इसके बाद दूसरा कदम आप यह ले सकते हैं कि यदि अभी भी आपकी लड़ाई/बहस होती है तो कोशिश करें कि आप उसकी आडियो रिकार्डिंग कर पायें...!
आखिरी कदम - तलाक का केस संबंधित परिवार न्यायालय मे दायर कर सकते है ; क्योंकि शारीरिक संबंध बनाने से इंकार करना भी " वैवाहिक संबंधों में क्रूरता के अपराध" की श्रेणी में आता है।
इसके बाद दूसरा कदम आप यह ले सकते हैं कि यदि अभी भी आपकी लड़ाई/बहस होती है तो कोशिश करें कि आप उसकी आडियो रिकार्डिंग कर पायें...!
आखिरी कदम - तलाक का केस संबंधित परिवार न्यायालय मे दायर कर सकते है ; क्योंकि शारीरिक संबंध बनाने से इंकार करना भी " वैवाहिक संबंधों में क्रूरता के अपराध" की श्रेणी में आता है।
As per your query/facts, the way your wife is treating you is amount to cruelty as she is forcing you to live separately from your parents ( this ruling has been held by the Supreme Court recently that held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce. Further, the refusal to have a sexual relationship without reasonable excuse also amounts to cruelty. But, as I can infer that you want to continue your relationship with your wife but your wife is not fulfilling the marital obligation which one expect from any marriage. The way your wife is treating you is that "she is without any reasonable excuse, withdrawn from conjugal obligation" for which you can file a case for Restitution of Conjugal Right (RCR) under/Sec.9 of the Hindu marriage Act. By filling this case you can pray for the direction that the wife shall fulfil her marital obligation. This RCR case will also act as a shield in case your wife file any dowry demand case afterwards as this will show that she has filed the dowry case only to counter your RCR case.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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