• File a police complaint against my wife

I have many audio recordings in which my wife abused me using foul language, her sister provoking my wife to ask me about a number in my mobile, my wife telling me that she is going from home forever and i should not come to see her or the baby after her delivery, my wife abusing me before my relatives, etc.,  Also i have my wife's SMS in which she mentioned me as Mad Man, some other foul words.
Also, my wife kept some Black Magic material at home which i threw out and she kept arguing about it.
I filed a petition with Police asking them to help me file a harassment case against my wife and mentioned that there is threat to my life as my wife is bringing in unscrupulous materials in to home without my notice.
It is referred to Women's police station through City commissioner/DCP and i got the acknowledgement.
What should i do now?  Do i need to provide evidences now?
Can my wife file a 498A or DV against me?  What do i need to do in that case?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) it appears that your marriage has irretrievably broken down . there is no future in your relationship . 

2) file for divorce on grounds of mental cruelty . if wife constantly abuses husband it amounts to mental cruelty 

3) you can use sms wherein your wife has abused you and also audio recordings of your conversation with your wife . 

4) if wife files 498A police will issue you notice to record your statement . if police are satisfied regarding allegations made by wife it will  submit report to magistrate regarding offence committed by you . 

5) you can apply for AB before session court on FIR being registered . 

6) contest DV/498A cases if any filed by wife on merits
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi, if your complaint is genuine based on the complaint and evidence provided by you then police will register the case and will lodge FIR and thereafter file charge sheet. 

(2)  If the police after investigation they came to know that complaint is false they they filed B report.

(3) Your wife has lodge a police complaint under section 498/a IPC it is better you can apply for anticipatory bail.
(4) It is my opinion your marriage is broke down better you can apply the divorce from the   court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You are silent on whether you want this marriage continue or not.
2. if yes then you have to bear all these tantrums wherein no legal agency can help you.
3. if you do not want this marriage anymore then you can file suit for divorce against her on the ground of merit. 
4. In your case you have good merit in the case.
4. Whether you file divorce suit or , your wife can at any point of time file case u/s 498A or under PWDV Act.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Your wife can file DV case in retaliation. When contacted by the Women Cell as regards your own complaint, you must provide them all the evidence as accumulate by you. If your case is prima facie found to be worthy of acceptance then the police will register a case against your wife.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Discuss with your wife to go for MCD, if she agrees,

2. If not, file a divorce suit on the ground of cruelty with supporting evidence,

3. You shall have to collect audio/video recording of all her cruel acts and pleae note that sending SMS calling you as MAD MAN may not be treated by Court as an evidence of cruelty,

4. If she files complaint u/s498A, arrange to take bail,

5. Contest the DV and other cases if she files against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. Your marriage seems to have reached a stage of no return. Your mutual interests will be subserved if you apply for mutual consent divorce. Talk to you wife and convince her to go for MCD.

2. If she does not agree to MCD then you may file for contested divorce on the ground of cruelty. She will be given an opportunity to oppose your divorce petition. To succeed in obtaining divorce you will have to prove the allegations made against her. 

3. Audio/Video recordings can be used as evidence in the court. Whether or not the said recordings will help you depends on the nature of conversation recorded thereon.

4. Calling husband ''MAD MAN'' is not a ground for divorce. 

5. Your wife can also file counter cases for domestic violence, assault, dowry harassment against you, in which event you should apply for bail in the cases in which it is required so that you do not suffer the ignominy of being arrested and sent to jail.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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