• Divorce

Hai sir
My marriage to 10 years now..from the day one of marriage I have been torched with vulgar words by wife..I thought she will change by time..but No. Day by her cruelty is increasing, shae never cares me. She never cares of my health..every time she shouts on me for no reason..and she scolds my parents and my sister's every time with very vulgar words.
I don't have a say to tell anything to her.. Her parents full supports her and they too scolds me..it looks strange my case but its fact. Iam afraid or these police and court cases, so that reason iam silent till now.. And she and her parents always threatens me of police complaint.
Now after so much bearing as a lost hope, I said I file divorce case since it is now beyond my patience.
Now she is sayingn "if you file divorce. I file strong dowry case against you".
What is this sir. For me is no justice at all..???
My mistake , my father took 7 lakhs as a dowry..
And also she is saying she will trouble my old parents with different cases.
My parents are living in their native and they are very old 70 years of age now.
Iam working in DRDO as a scientist.
But at home iam a bonded labour..
Please help me in this regard
Asked 7 years ago in Family Law
Religion: Muslim

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7 Answers

1) return Rs 7 lakhs given as dowry

2)in the event wife files false dowry case obtain AB from sessions court

3)record all her verbal abuses

4) wife abusing husband amounts to cruelty

5) you can divorce your wife as per muslim personal law

6)contact a local quazi

7) divorce has to be preceded by reconcilation or arbitration notice

8) if it fails you can divorce your wife . reasons should be mentioned for divorce and meher amount returned to her

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. The more you would get scared the more she would be emboldened.

2.Negotiate hard with her and go for mutual divorce if you think this marriage would not survive.

3.If not then get separated from her and do not stay with her anymore at all.

4. In such circumstances even if she files case u/s498A not much harm would be done.

5.DO note that in 498A cases automatic arrest has been stopped and getting bail in such cases ahs become routine.

6. So even if she files 498A case your job is unlikely to be impacted.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Since your father took 7 lakhs as a dowry he is liable to be criminally prosecuted for the offence of demand of dowry. Be that as it may, if your wife files 498A then you should apply for anticipatory bail and then contest the case on merits.

2. You are free to give her triple talaq in accordance with provisions of shariah,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Your subject to harassment and cruelty by your wife. prior to file divorce you better to take her counselling center for family counselling center of concerned legal services authority, the things can be changed at counselling. As your wife threatening and you smelling the threaten of dowry, domestic violence and maintenance cases there are chances that she may file false cases against you and your family members, but generally these kind of cases wont take stand before court of law,but, you have to defend those cases and disprove the same. As observed by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar case, theses cases will file with general allegations and all the family members will roped in the litigation.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

Being a Muslim by religion, you may opt for divorce by pronouncing triple talaq which is permitted by following the procedures as envisaged in the Shariat rules.

If she threatens to file police case, ask her to go ahead, in that event you may first obtain anticipatory bail and then contest the dowry case on merits.

Please remember that the there will be no strength in her complaint for a dowry offence case after 10 years of marriage and even the court will come to know that she is abusing law for her favor and to wreak vengeance on you.

Hence take a decision now and get releif as per law instead of suffering every day by such humiliations.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

As suggested earlier, you may have to decide about continuing with the marital relationship with her anymore.

You may call off the marriage or you may decide to live separately away from her.

She may not be able to prove her case even if she decides to lodge a criminal case against you

It is better you consult a local lawyer and the issues may be clarified accordingly.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1) i have already advised you to return RS 7 lakhs taken as dowry

2) if wife spits on your face and says you are unfdfit for sex it makes no sense in staying with such a wife

3) divorce her as per muslim personal law

4) obtain AB in case false dowry case is filed

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

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