• Should i Complaint before the wife complaint??

Hello all..I got married 14 months back, After marriage i came to know that she was already having affair with someone else..And i Was just a scrapgoat. She used to fight me, humilitae me and my family, put allegations on me n my family, so that i leave her n she can go to her lover. But when i talked to her father, he is asking 50 lakhs rupees. and story is going on so n so.. from last two days she is not even coming to my flat..she is residing in the same city, but living somewhere else.. Now they are misbehaving again and asking for huge money n threating for case n ruining my carrier. 
So my question is should i lodge a complaint before they do?? please suggest
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

Dear Client,

On what ground, u will file complaint ? No criminal act committed against u.

Do u have proof of her adultery, Threat of in laws, demanding money ?

U r advisable to procure evidence, which will be your best in case of false cases filed.

Feel free to contact for any legal assistance.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes, you should make the first move before they file a false and concocted case against you.

File a petition for restitution of conjugal rights since your wife has left you and living in a separate accommodation in the same city.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As advises, file a petition for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello,

Do not lodge a complaint. If you want to fight the case legally then go ahead and file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act and thereupon request the court to pass an order that the wife be directed to join you back.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The above shall be your line of action in order to strengthen your case.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File police complaint of extortion against wife and her parents under section 384 of IPC

2) no need to bow down to blackmail tactics

3) file for divorce on grounds of mental cruelty

4) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Respected sir ...

In your case it will be much better for you to collect evidence against her that might be in audio recording or and video clip or any source of evidence that can prove that she had an extra martial affair with someone ..Then you have to file a divorce petition under section 13-A of HMA seeking divorce on the basis of Adultery ....You will be easily get divorce and if you file divorce petition prior to her then it will work as a defence when she will file fake cases against you ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

You please need to give some information so that I can help you in a very way.

But, still I would say that please file a divorce case against them on the ground of adultery, if you can proove this. That is the best way for you to not to give any money to them even after the divorce also.

Rest, you can file a criminal case against the guy with whom she has been in relation even after the marriage, it just that you have to show that the other guy has knowledge of your marriage and he is gone for sure.

Rest you can have a detail conversation with me over phone through Kanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File a criminal complaint of adultery against the lover of your wife and file a divorce against your wife on ground of cruelty and adultery as a adultery case against women is not maintainable in India only it is ground for divorce.

Also file a complaint against your wife for criminal intimidation also threatening for false cases.

So file complaint let police investigate provide proof her relationship with other man and record the conversation of father in law and wife threatening for money

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Then file for divorce on same ground and be ready for defence for false cases she will file on.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) RCR is useless. Even if you get a decree you cannot force wife to stay with you

2) gather evidence of her adultery then file for divorce on grounds of mental cruelty and adultery

3) you can file Police complaint as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hello sir , at this stage you can register a FIR under adultery .. If a FIR is registerd under adultery , her false allegations of DV and 498A will stand null and void reason being of false motive ...

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Respected sir...

You have to file a petition against her Under section 12 of Domestic violence act through your mother along with a divorce petition under section 13-A of HMA that will provide the real defence as if she file fake cases against you ....

Sir you have to collect evidence to prove Adultery on her part only then you can take benifit of this else you have to take some another step to get divorced ....

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

yes you can file cases for that along with adultery it would be better police will find call records her stay with lover and all records in investigation its there job.

As once relationship will be established you will be in better position and you can contest criminal cases as well as maintenance that it was wife who deserted committed adultery and cruelty,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, the moment you file divorce on the ground of adultery your family would have something in their favour if she goes for 498a (and. Ow there is the guidelines for treating the same cases but not to arrest straight away).

Yes, indirect proofs would also be sufficient.

If possible you can have e detail conversation with me through Kanoon, I advice you to go for that so that I can understand more better.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) You can file complaint against her on adultery basis so you don't have to pay any alimony or one time maintenance.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

If you have evidence about her acts of adultery with a third person, you can lodge a complaint with the police against the paramour of your wife.

Also you can file a divorce case on the grounds of adultery by impleading the paramour as 2nd respondent.

provoked by your legal action, she may abuse the women biased law by lodging criminal complaint for dowry harassment with false contents and evidence.

Then you may obtain AB and challenge the false case on merits.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

what should be my line of action or reaction??

You may gather evidence of her adulterous life and first atack her paramour by lodging a criminal complaint under section 497 IPC.

After that you may go for divorce on the same grounds.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Can i file a complaint regarding her behaviour n attitude towards my family n her father's intention toward money extortion, so that whenever she goes for the 498a ,dv n other cases, me n my family members would be at a safer side to get AB..

There is no provision in law for filing any criminal complaint in this ground or for this reason.

You can issue a legal notice to her father stating that he is trying to extort money illegally in the name of compromise settlement and to warn him from indulging in such activities in future lest to face legal consequences.

Whatever it may be, without evidence of her attitude and character, you may not be able to succeed in your attempt to initiate legal action on her for this.

Instead you may file divorce case on the grounds of mental cruelty citing all these as reasons.

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T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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