• Divorce case

Hello, I had completed my 1st anniversary of marriage but the issue is most of the time my wife spending his life in her native. After my aguements with her she is saying to file a case against me & my family. What I have to do now if she files a case on me or on my family. What kind of cases she will file on me & what kind of litigation & maintenance will apply on me on what ground. I am thinking to file section 9 if it is right ? What happen if she will file direct divorce or any case against me & my family. What kind of evidence I have to collect to save me & my family. She totally harrassed me & my family. Pls tell me how to face this issue. I don't want to waste my money & my family just because of my cruel wife. I totally got out of my mind now. Help me out
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

wife can file false case of dowry harassment under provisions of section 498A of IPc read with sections 2, 3 of dowry prohibition act

2) she can also file DV case and seek protection order, alternative accommodation , maintenance, compensation

3) if false 498A case is filed obtain AB from session court

4) section 9 of HMA is useless as even if you get decree you cannot force your wife to stay with you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) visit a family counselor to resolve the differences

2) request elders from both sides to intervene to resolve the dispute

3) if situation is not resolved then only file for divorce

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. It's not clear why suddenly your wife would file the case.

2. If no case is filed as yet you should take personal efforts to bury the hatchet and resolve the dispute amicably.

3. If in spite of your efforts she still files the case there is nothing to worry.

4. Once case is filed you can seek bail which is routinely granted.

5. There is no harm if you file suit for restitution of conjugal rights.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. She has not yet filed any complaint/case against you till now.

2. Collect evidence of her cruel acts against you by audio recording her conversations.

3. after that lodge a police complaint against her alleging that she is harassing you and threatening you to file false 498A case.

4. She can lodge police complaint u/s498A and if police registers it as FIR, you shall have to avail anticipatory bail from the Court and then contest the case fittingly.

5. She can file DV case against you which you shall have to contest.

6. There is no use in filing petition u/s 9 of HMA since she may refuse to join you despite Court order for which nothing will happen to her.

7. She also might file a divorce suit against you on the ground of cruelty on your part and claim maintenance from you which you shall have to contest with all your evidence.

8. You shall have to pay her maintenance if she is unemployed which might be anything in between 1/5th to 1/3rd of your net monthly earning after deducting PF, I.Tax, EMIs, compulsory medical expenses on self and parents etc.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

my opinion on your queries are as under:

What I have to do now if she files a case on me or on my family.

Opinion: if she filed a case of domestic violence against you and your family then you have to fight the case on merit before the court and tried to prove that her case/allegations are false.

if she filed 498A/406 of IPC case against you or your family members then you should first apply for anticipatory bail and then fight the case on merit or try to settled the matter amicably.

What kind of cases she will file on me & what kind of litigation & maintenance will apply on me on what ground.

Opinion: apart from the two above mention cases, she may file a maintenance case U/s 125 of Cr.P.C. before family court and claim maintenance, but if she is able to maintain herself and earned then she can not get any maintenance from you by court. but if she is unable to maintain herself of she is no earning women then 1/3 of your income can be grant as maintenance and being a husband it is your duty. but if you proved before the court that she left your home without any reasonable and sufficient cause then she can not get any maintenance.

I am thinking to file section 9 if it is right ?

Opinion: if there is a chance to live with her the you should filed section 9 of Hindu Marriage Act-1955 for restitution of conjugal Right's case before family court.

What happen if she will file direct divorce or any case against me & my family.

Opinion: start the legal battle which you have to fight.

What kind of evidence I have to collect to save me & my family. She totally harrassed me & my family.

Opinion: All the communication, photographs, chat, whatsapp massages and recordings can be used as an evidence.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

If you have decided to dissolve your marriage with her then you can file a divorce cae against her on the grounds of mental cruelty and desertion.

She may be provoked on this action and wold try to find methods to trouble and torture you in all posible manner.

She may lodge a criminal complaint against you and your parents and other close relatives on the alleged offences of dowry harassment and cruelties.

You all may obtain AB for this and challenge the case in the trial proceedings ion the basis of merits and documentary evidence in your side.

She may file false domestic violence case and may also seek maintenance amount through it.

She may file a separate maintenance case also under section 125 cr.p.c., which also has to be challenged by you on the basis of merits in your side.

You may consult a local lawyer on all such further issues and proceed as per his advise.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Then what I have to do now ? Pls help

You may proceed as suggested in my previous post or consult a local lawyer on this and take his advise on further action.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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