• Please suggest how to divorce wife

My wife left my home on 23rd July with her brother after having argument with my mother, she took my 6 months old daughter with her. Next day I got a call from her brother saying she is accusing us of domestic violence and they are going to take legal action... after 3 days I got a call from women cell Faridabad to be present on 1st August. There my wife was present with her parents and her mom accused my Mom of ill treating her as she is dowry seeker and suffered DV... I asked my in-laws why didn't they even bother to ask me before taking such step as none of this is true. I was given next date to be present at women cell with few of my relatives and my parents... to which I told them as we live alone in Delhi. That won't be possible to bring relatives to police station and since it's a falls allegation I don't see why I should comply with this.

I again went to women cell on the given date where I was ill treated by the police women saying I should've brought my Mom to the police station and I was humiliated as she made me sit on the floor and grabbed me by my hair in front of my inlaws.... I tried explain how my parents are old and since we've just lost my younger brother who was 26 my mom and entire family is already in trauma and can't bear this injustice however both me and my wife knows that there is no threat to her at my home and I am willing to take her back to which her mom and she continued insisting that they want my mom to be present in the police station.... I even said that they can ill treat me even slap in right their... and I won't mind as they are elders and they have the right to correct us if we go wrong... but they kept on insisting to bring my mom to the Police station.

I was not much surprised by my wife's behavior as she always follows her mom and we never really connected as a mature couple. After me saying no I won't bring my mom to police station the police lady misbehaved with me calling me mad man and saying I wasted her time said she'll have to forward this case as DV and other charges that my inlaws are putting against me... to which my wife said that she would want the matter to be escalated and gave her consent. I was then asked to leave.

It's been 5 months today I've not heard anything from my wife and her family.... I didn't make any call or attempted to visit them again as they may again use it against me to press false complain against me saying I came to threaten them or whatever they please as I don't get their sick mentality.

Before our marriage they had made us believe that they are very well connected people and own a home and well to do business etc. they even bosted that they've invited Salman Khursheed and Raj Babbar to the marriage... they have their photos with these politicians displayed in drawing room. They also insisted on gifting a car in marriage as it's for their social status and they have only one daughter... we didn't demand any dowry and believing that they'd have planned it like that we stayed neutral. A month before marriage it was brought to our notice that my wife's brother has suffered some loss in his business and they have a little light budget... to which my father gave them 1 lakh rupees (Transferred in their account 20 days before marriage.)

After marriage we found out that it was all a lie and they actually live in a rented house.... when we brought this to their notice they completely denied and said that they'd made it clear in the beginning that the house is rented. They car they gave is also in my father-in-laws name.

Anyways.... we were concerned about my wife only as I gotta spend my life with her... however she was always influenced by her family and would not do anything the way we would want he to do.... she picks up fights and arguments at small small things. 

As far we being cruel to her in concerned - just after 3 months of marriage she got pregnant and I lost my younger brother to dangue only after 7 months of our marriage... my family was totally in shock and shattered... my father developed heart condition and my mom cried all the time however we always tried to keep her happy as we knew it's too much for her to take.... we took really good care of my wife with proper care and attention and were blessed with a baby girl on January 14, 2016.

After loss of my brother my in-laws realized that now I am alone and vulnerable specially after the baby my wife started misbehaving and started talking ill...

Now I have found a phone that she carried in my home without letting us know... I checked the phone and found calls received from One number only... which is of her land lord's son.

Now it was clear to me why she ran from my home and created such a big issue out of nothing... it was coz my mom had caught her phone.... to which my mom and I thought may be her parents gave that to her but now it seems like a different story all together.

Now after knowing all the truth and seeing how down she can fall and drag me with her... I don't see this relation worth keeping.

I recently found that my father in law went to one of my mom's sister and defaming us in our relatives.... this is too much torture for us to handle at first he puts me to police station and then defames us in society without even knowing what his daughter did and how she still continued her affair with the guy who still lives in their house.

Please, please help me how I can get rid of this relationship.... which is the biggest mistakes of our lives.

Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

Dear Naveen

No need to worry, immediately file a divorce case against her before family court under section 13(1)(ia) of Hindu marriage act based on cruelty.

If she filed any case against you and your family for dowry demand then their complaint can be quashed because the court will consider all the facts of the cases, in your case it may be the presumption of the court and society that how a family demand dwory from them when the family already support them financially. Transfer the amount in the account was best things by which all of you shall be safe and based on cruelty and false accusation you can get divorce from her.

You may file a civil suit for defamation and injunction along with an interim application for temporary injunction under order 39 rule 1&2 of CPC.

Your mother maycalso have right to file domestic violence case against her before magistrate court under section 12 of Protection if Women from domestic violence act 2005 read with section 19&22 of the Act znx claim protection and compensation.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1.This marriage is surely not working and unless and until your wife is ready to reform and you are ready to condone her this is heading for a breaking down.

2.To dissolve the marriage filing a case for mutual divorce is best suited as it does not involve mud slinging nor much time beyod six months.

3.However you will have to make payment for her alimony .

4. SO negotiate with her and reach to an amicable position towards her alimony and then file mutua divorce.

5.Both of you are relatively young,so move on in life.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) contact a detective agency angd gather evidence of wife extra marital affair

2)then you can file for divorce on grounds of adultery and mental cruelty

3) make her lover co respondent in case

4) you can also file case against her lover on grounds of adultery under section 497 of IPC

5) if your in laws are malinging your reputation file compalint of criminal defamation under section 500 of IPC against them

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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