Hi Lawyers, I'm married for 6 months now. I have asked an earlier question and follow-up here : https://www.kaanoon.com/163259/marriage-annulment-over-not-revealing-the-condition-of-pcod-pcos Situation: 1. My wife has left my home herself with her parents since 2 and a half months now after a fierce meeting with her family at my home. I have not asked her to leave. 2. Before she left, I have informed her that I'm planning to file a divorce petition as the situation was getting worse between families. 3. Now, her family is indirectly threatening me that, they might file a criminal case against me alleging that I have tortured her mentally. As some of you have pointed out in my previous question, they may also use other sections like 498A. But, none of these are true, since I have neither demanded her any extra dowry, nor I did any mental torture to her. 4. They are parallelly trying for a re-union of us, using peer pressure and threatening of filing a criminal case. 5. Recently, I have learned that, they have recorded my conversation where I talk angrily in a meeting with their family members for a possible re-union. They were also using abusive words against me. 6. Personally, I have collected some Whatsapp messages, and also started recording meetings as they were also doing it. 7. Since I asked a local lawyer, he has suggested me to wait for 6 more months (to complete 1 year) without an provocation from our side. Then we can file a case is what he is saying. Question: 1. Is it possible that they can simply file a case without any real fact? 2. What is considered mental torture towards women? 3. Can a criminal case affect my travel freedom, as I work for an international company? 4. What precautions should I take in this situation? 5. What difference is there, if I file a case after one year?
1. Yes the case can be filed, the facts are real or not becomes a matter of investigation
2. Any thing by means of which she has been mentally harassed amounts to mental torture
3. Not a case but a bail thereafter can affect your travel freedom
4. Give a NC to the nearest police station saying that you are being threatened
5. What kind of case?
Regards
Yes woman file case like that without any evidence.
Mental torture is broad term can't be specified.
No you can travel
You need to take Anticipatory bail if needed.
You can file a case now also
1) wife can file false cases against you to harass you
2) refusing to consummate marriage , abusing wife , her family, assaulting her etc would constitute mental cruelty
3) court while releasing you on bail may impose conditions on your travel abroad if criminal case is pending against you
4) in case false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court
5) only in exceptional circumstances can you file for divorce before expiry of one year of marriage
1. Yes they can file a complaint, and a FIR the facts shall be seen in investigation by IO, also in 498A the Supreme Court has held that after the complaint before any action the Family welfare committee will look into matter adn prepare a report after that further proceeding.
2. Mental torture is broad term any thing everything that constitute to harm the mental well being is torture like abusing threatening etc.
3. no till the time you are not restricted by the order of court.
4. As the arrest in 498A now is not immediately effected but along with it if other charges of IPC are pressed seek a anticipatory bail, also if they are threatening you file apolice complaint against them for threatening, criminal intimidation.
5 you can file a case of divorce only after expiry of one year in rare case with permission of court you can file before it.
The requirement is of 1 year as cooling period and then you may file the divorce petition. the separate living is required min 6 months before the filing of petition.
This is very common until the divorce is decided both the parties make allegations and police FIR in different available sections and acts in this regards.
If you feel that any FIR under section 498A should be there then you may arrange AB as a precaution to avoid arrest and later go for quashing of FIR
1) Yes they can file case against you under 498A. People may laying to do anything to achieve their goals in the life.
2) You may get punishment. Imprisonment or fine or both.
3) It may or may not, depending upon how swear Sections are involved in the FIR at the time of complaint.
4) Give complaint or file case against wife for RCR.
5) After year you can go for Mutual Consent Divorce, it's fast than judicial separation.
1. Yes, this is very much possible. Anyone can manage Police.
2. The definition is too wide. Anything that leads them into a suffocating atmosphere, and drives them into a state of mental touchure and trauma.
3. Depends on your bail conditions.
4. To file a divorce, you need to wait till the time your marriage becomes one Year old. RCR can be filed by you immediately.
On what basis can I file RCR? What are the advantages of filing RCR?
RCR is useless
2) even if you get decree you cannot force your spouse to stay with you
RCR is restitution of conjugal rights the court on application shall call both parties and there shall be mediation between both parties to restore the relation. The RCR is filed based on valid marriage and that the partner is not living with you, so to restore the conjugal rights meaning thereby matrimonial rights the application is filed.
Filing RCR in he court and other party objecting , so failure of RCR is ground of divorce, also gives that party is agaisnt living together.
Filing RCR will create come pressure on the opposite party.
RCR is filed when one party to the marriage leaves/deserts and abandons the pother without any just and sufficient cause.
It acts as a good defense for any case filed against you in the future
RCR can be filed on the ground that the other party has left your company without any valid reason
Regards
1. Yes it is possible and happening inmost of the 498A and DV cases.
2. Torture depends from case to case but should be of such nature so as to cause reasonable apprehension in the minds of the women towards the safety of their life and limb.
3. Yes it may. You need to apply for bail and seek permission of the Court.
5. Your lawyer has asked you to wait for a period of one year as a Divorce Petition cannot be filed before the period of one year. Your case, however, can be fitted in the ambit of nullity on the ground of fraud/ misrepresentation, provided her PCOD is of a higher level and there is problem of her conceiving.
6. You can file RCR on the ground that you have been deprived of the love and affection of your wife on account of your in-laws' etc. You will have to satisfy the Court that if your wife is living separately from you, the same is not because of your fault. Advantages and disadvantages are debatable. However, if they have a recorded conversation of yours which speaks against reconciliation, then RCR is not advisable for you.
1. For lodging a criminal complaint they dont need any substantial evidence. The police will call both the sides in the name inquiry and on the basis of pressure from the girl side, may register a FIR against all those blamed by her in her complaint and will leave it to the court to decide about the genuineness.
The corrupt police may go to the extent of even remanding you and all those who have been implicated in the case as a gratification towards the consideration received from them. The IO may investigate the complaint and would file charge sheet on the basis of complaint, hence you got to be careful to confront all such eventualities.
2. The trivial incidents at home including quarrels on petty issues may be blown out of proportion if she decides to find only faults and to avenge you.
3. There wont be any restriction to travel abroad but it is always better to obtain permission of court where the criminal case is pending trial.
4. You can obtain anticipatory bail in case she lodges a criminal complaint against you.
5. You cannot file a divorce case within one year from the date of marriage.
On what basis can I file RCR? What are the advantages of filing RCR?
Restitution of conjugal rights case is nothing but a waste exercise, especially when she expresses before court that she is always wiling to rejoin you and it is you who is not allowing you her inside the home but now pretending to take you back. This stand by her will backfire and you will be compelled to take her back since she is willing to return, hence dont go for RCR . Moreover this will not protect you from being attacked by criminal cases she may have in store for you.