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Wife threatening for false DV case and i want to file for divorce


25-Nov-2023 (In Family Law)
This is my 2nd marriage, it's been two years now as per Hindu marriage act. I m having one daughter from my first marriage, who is 10 year old. Gradually I came to know lot of mood swings are there in my wife nature. On small things she start absuing and aggressive. Give me threatens for false cases 498 and DV etc.. I m having phone recordings with my wife where she accepts her nature is not good. What I should do, can she put false cases on me at that time these recordings will be utilised as evedince that time. Or can I go for divorce on these behalf. Need advice..
Answers (3)

Answer #1
975 votes
Dear client
You can immediately file a divorce case against your abusing wife of you have these problems in your relationship. You should proceed with the case immediately as she may file the cases earlier and in that case your allegations appear to be weak
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Answer #2
836 votes
Hello
Yes,the phone recordings can be used in your defence and you can also file the divorce petition based on the ground of mental cruelty.
Hope this helps. For any further queries feel free to connect.
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Answer #3
838 votes
You can file divorce petition against her on account of cruelty and after filing of petition if she lodge a FIR against you under section 498A or DV than it will help you in future and phone recordings also helps you in future.
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