Wife threatens to give divorce and file false case. What can be done?


Ours was a love marriage where the parents did not approve of it. Issues in our love marriage persisted and my wife refused to support me. Now she favors her parents & says will take divorce and will implicate me and my parents. We both are working & she says to put my salary in her account but doesn't tell me her income. She keeps on saying will call her lawyer and will take divorce.

 

6-7 months ago we got into a huge fight where she got 8-10 points written, acknowledged by me from a lawyer about the rules to be followed, the money, daily affairs etc which is a Notary attested.

 

What do I do?

 

Answer

 

Firstly, we will suggest that you to start collecting evidence against your wife, which basically means recording your conversations with your wife. At a later stage, in case she files a criminal complaint against you, these recordings will safeguard your interest and can be used at the time for your defence.

 

Secondly, we can suggest you to intimate the nearest Police Station about the facts of your case in writing stating that your wife may file such a false case against you and your family.

 

You can even write a complaint to your nearest Police Station, detailing about blackmailing, her false allegations and her unscrupulous behavior and request your complaint to make her stop the threats and abuses immediately. However, before you register your complaint, we have to first examine the written acknowledgement and the terms and conditions which you agreed with your wife. Based on that document we can further provide you with some legal remedy.

 

Assuming you are a Hindu, you may file a petition for Divorce anytime after 1 year of completion of your marriage citing any of the the various grounds available under the Hindu Marriage Act 1955 (in case you are a Hindus). As you have mentioned that your wife misbehaves with you, this would fall under the ambit of Cruelty as per Section 13 (1) (ia) of the HMA 1955. The term cruelty has been specifically provided in Section 13 (1) (ia) of the Hindu Marriage Act 1955 which is reproduced here under:

 

Under Section 13 (1) (ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

 

“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

 

Therefore, you may seek a divorce under above mentioned section.

 


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