• Wife is threatening for false allegation of mental harassment

Hi, I am middle class person. Recently got married a year ago. I have started my new business but my wife is earning decent. 
We fight almost everyday. And now she is threatening me for the mental harassment allegations. Although, I am perfectly normal, we haven't had any physical relationship yet and I still asked her to take her own time to be able to do something. 
Now, we fight on daily basis and things goes till divorce. As am asking her to do it mutually without anything but she is not ready to do that and threatening me to go to police station and put allegations on me. 
I am not that much rich to pay lot of fee to lawyer or my family don't have experience to handle such situation and everyone is really worried.
I wish to peacefully end this relationship without hurting anyone. 
Please suggest needful.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) if wife files false case of dowry harassment obtain anticipatory bail from sessions court

2) police would issue you notice to record your statement

3) deny allegations made in FIR

4) record all wife verbal abuses

5) before wife files false case shift with your wife in rented flat

6) it would insulate your parents to some extent in 498A case

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Hi

First of don't worry , panicking will not help you now.

It seems your marriage has issues which are relàted o physicak relationship as well.

If the relationship has not happened normally an it was her unwillingness you should seek divorce on that ground.within one year could have filed for nullity of marriage.

If there was no matrimonial/conjugal relàtionship,this should have addressed by this time .

It is better to get the help of marriage counsellor to sort it out if you feel you can live with her.

Regarding the divorce ,if there was no physical relàtionship happened ,means the marriagé has not consummated and is a ground for divorce.

You consult/speak to a lawyer personally and find out how to proceed .

It is better you take care of it before she takes any legal steps.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

1.If you wish to end this marriage without hassles then going for mutual divore remains only option.

2.SO make her agree on this and files a petition for mutual divorce.

3.On filing such petition the court grants decree within six months.

4.She may demand a lump sum of money which you may will have to pay her to make her agree on mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

You can talk to her and make her agree for mutual consent divorce on the terms that you both may agree

Lawyer's fee is not the criteria to solve the issue.

You may consult a marriage counselor to solve the issue, but both have to visit the counselor jointly.

The women these days take shelter under women biased laws to avenge their spouses, hence you may have to watchful about this development too.

If she is intending or lodges a criminal complaint, you may first obtain AB and then challenge her false case in the court

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. You might wish "to peacefully end this relationship without hurting anyone" but it has to be reciprocated by your wife also to make your wish fruitful.

2. Collect evidence of all her such threats of lodging false police complaint against you by audio/video recording her such threats.

3. Lodge a police complaint against her for for giving you the said threats to lodge false police complaint against you.

4. If she lodges any police complaint u/s498A of IPC and if police registers the said complaint as FIR, then you along with all other accused, if any, shall have to avail anticipatory bail first and then contest the case fittingly.

5. Try for the MCD decree which will be ideal and most peaceful for both of you.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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