• Complaint in Mahila thana - wife adamant for divorce

Respected Member

My wife has complained against me in Mahila thana Gurgoan. In two counselling session, I clearly mentioned that I don't want divorce,but she is adamant on same. The ASI said if my wife would again ask for divorce in next meetings,she would lodge an fir and post that they can arrest me. Please advice I am need of urgent help here.i really don't want to break my family as we have a Little girl child.
Asked 4 years ago in Family Law
Religion: Hindu

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24 Answers

If she does not want to remain with you then you can not force her

If you anticipate arrest then take anticipatory bail

File RCR under sec 9 of hindu marriage act if you want her to come vack

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

If your wife is already living separately from you, file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the family court.

Fir will be lodged in case the counseling fails. But no need to worry because there's no automatic arrest in 498à cases anymore.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

1) you would not be arrested merely because FIR is lodged against you

2) Police would issue you notice under section 41A cr pc to record your statement

3) you can apply for and obtain AB from sessions court

4) amicable settlement is best option

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Just as a precautionary measure, apply for anticipatory bail.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Dear Concerned,

FIRSTLY BE RELIEVED - No Arrest can be made by police immediately on lodging FIR under 498A etc . You need to take copy of the complaint and file a reply - be adamant and say everything she is saying is all false and in case she want to pursue for Divorce let her file divorce - I will reply in court. - Please feel free to contact for a greater discussion on subject.

SECONDLY - if your wife is not staying with you without delay file a case for Restitution under Section 9 of Hindu Marriage Act - this will help in long run. .

Best of Luck

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

Hi...!

Firstly, ASI is no one to ask your wife to file the FIR.

Secondly, I suggest you to file a written complain to the police station stating that your wife is threatening to file the FIR against you.

Thirdly, just a prior complain I am talking about, and mention that right now you just want to inform the authority about it.

Lastly, she would also never come to know about your complain as you are filing it as just an information to the police.

And in case if she does (FIR) this would help you to take advantage over it plus also beneficial for you that counselling is going on at one hand where she has been denying not you.

Good Luck

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi, sir if the FIR gets registered , you have to seek anticipatory bail from court .. Try and settle the matter amicably , but if the pressure is made on the police officials , they may register FIR against you

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

Hi

If you don't want to break your family then only thing that can stop your wife from filing divorce is YOU. You have to make her understand the consequences post divorce you both have to face mentally and socially. Legally she is independent to file her complaint.

Still if the situations leads you both to divorce then I would suggest you to convince her for mutual consent divorce atleast. That would be better for you to save from a long contested divorce case and even Mutual consent will help you avoid criminal proceedings like 498A against you

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Sir,

You have not mentioned clearly about the complaint, whether it is related to domestic violence, dowry or anything else. After ascertaining the facts any possible conclusions can be arrived at.

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

Apply for child custody by way of moving a petition under the provisions of Guardians and Wards Act.

Seek visitation rights as an interim measure so that you could visit your kid periodically until your custody case I'd decided finally.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

sir,

In a fir of domestic violence immediate arrest is not made unless and until, there are marks on body denoting physical violence.

As per custody of child, it would be the court which would decide after trail, in whose custody child would be safe and secure.

Anand Shukla
Advocate, New Delhi
666 Answers
13 Consultations

4.9 on 5.0

Best option is to file for divorce by mutual consent

2) consent terms should mention you would have sole custody of child

3) that wife would withdraw false case filed by her

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

If FIR is concerned in the Mahila Thana then you should abscond and try to get anticipatory bail from District Court or High Court. Mutual consent divorce is best option for you,but if you do not want divorce then you can file a suit for restitution of conjugal right in Family Court or District Judges Court,which will help you to get anticipatory bail as well as maintenance case.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Hi

As per your description you have many a things in your favour.

You can file for FIR quash in High Court with these evidences(consult the lawyer handling your case) .

For the custody of your childs file a child Custody petition .

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Hello sir, unfortunately our judicial system is more biased against husbands when it comes to allegations of domestic violence .. However, it has been observed by Supreme Court that 95 percent of the FIR lodged under 498A , the husbands are found innocent and are Accquited by court .. So you can say that lodging of FIR is somehow convinient but accusation before court is very difficult ..as per custody is concerned , in granting custody the court considers the quality upbringing of child and can grant in its own discretion to any of the spouse

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

You can do a case of cheating & mentally harassment.Have you any written proof which can prove that you helped her?any Bills?Bank Passbook details?Can you please share this details?

Srushti Rudram Desai
Advocate, Surat
3 Answers
1 Consultation

4.4 on 5.0

How much age is of your child? If you can prove that your kid is not being taken care properly so the development of the kid in future may damage and you can maintain your kid in a very proper manner. If the kid is older than court may ask her question about with whom she want to stay..

Atrayee Mishra
Advocate, Chennai
19 Answers

4.6 on 5.0

If she takes the child with herself then you will have to file a case for custody of the child under guardianship and wards act. While deciding the custody of the child, welfare of the child is of paramount importance

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Respected sir..

If you want to be with her you have to file a petition under section 9 of HMA and give the reason and statment in court then court will pass a decree under this section ..But getting divorce is her right if she wants this no one can stop her ...If she is behaving like such you have to do thE same ...As it want human nature ..

Thanku

Dinesh Sharawat
Advocate, Delhi
1253 Answers
12 Consultations

4.9 on 5.0

If your wife is adamant for divorce I would suggest that go for mutual separation, otherwise she may file FIR against you and in such cases women have undue advantage in there favour.

Mutual separation is best option, talk to her, also about child custody and see how things work out, and then take a decision. If she is adamant for child custody you may provide maintenance for the child.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

1. Even though ASI can lodge the FIR but he cannot arrest you without serving a notice on you. If and when the notice is served then apply for anticipatory bail.

2. If you do not want divorce then the maximum you may do is contest the divorce petition as and when she files it.

3. You can keep the child with you if the child is already with you, whereas if the child is not in your custody then you may file a petition for child custody to seek the custody and visitation rights.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

The police cannot force you to give her divorce at the instigation of your wife.

If th4e police want to register FIR, you dont attend the police station from next hearing, you can apply for AB, obtain it and then attend the investigation session.

Let she file a divorce case on her own, which can be challenged before the trial court on merits.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

If she is playing the sentimental game holding your child, you should budge to any kind of pressure from her side.

Let she create any kind of baseless allegations or false reports.

You can challenge all her gimmicks properly in the trial court on merits and documentary evidences in your side.

For child custody, if the child is not in your possession, you may have to apply for it separately.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

First of all file an application u/s 9 of Hindu Marriage Act, Restitution of Conjugal Rights.

Secondly file an application for custudy of child staying all facts in the application.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

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