I am a male got married in nov2014. My wife is a very quarrelsome lady who always tries to create differences between me and my family. In Sept 2016 she left my parents home totally at her instance, without even asking me and my permission. Since then she is living with her parents. In March 2017 my wif's father filed a complaint (not FIR) on her behalf saying that I used to ask for 15 lac rupees from my wife and when she used to refuse, me and my family members used to torture her physically and mentally. All these allegations are false. I lived at bangalore with my wife since marriage. My other family resides at delhi. Please guide me what to do to save myself.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) police would issuer you notice under section 41 A of cr pc to record your statement
2) deny all allegations made by wife family
3) apply for and obtain AB from sessions court in delhi
4)contest case on merits it would take around 10 years for case to be disposed of
1. Well,I am not sure why he had done so but they wished to break the marriage for sure.
2. When they have done so you have no option but to seek bail first.
3.Whoever mentioned in the FIR need to apply for bail.
4.Thereafter you have to face the trial ad defend yourself.
5.If the dispute can be resolved amicably then go for it. otherwise it would entail a long legal battle involving 498A case and divorce suit.
My wife had a boyfriend prior to marriage. She wanted to marry that boy, but she was afraid of her father to tell him her intention. She promised me that after marriage she will be faithful to me, but she kept contacts with that boy even after marriage. Due to this she never treated me as her husband and always misbehaved with me. She intentionally created a ton of misunderstandings between the two families. Now, since I am fed up of her cruelty towards me and she left my home 8 months ago, I want to get divorced. But meanwhile they involved police by giving false complaints against me and my family. I have many proofs and few witnesses of her cruelty towards me. Please advise me whether to file a divorce case before my wife files a proper FIR, will be benificial for me legally?
you can file for divorce on grounds of mental cruelty
2) if FIR is filed later it would be a counter to your divorce petition
3) best option is divorce by mutual consent
Where did your father in law lodge a complaint agaisnt you, in Bangalore or Delhi?
If it is a false complaint then you should attend the police station when being summoned, and give a statement mentioning the facts and the details including the reason for their false complaint.
You can send her a legal notice asking her return to the matrimonial fold, if she is not responding or agreeing then you may decide whether to continue this marriage or not.
If you have proofs to prove her cruelties,then you may proceed with the divorce case on the grounds of cruelty.
Her illicit or extra marital affairs with her boy friend may also be highlighted in the divorce petition so that let she feel ashamed of the events and she may even try to avoid attending the court under which you may get an exparte divorce too easily.