• My wife's family planning to file case on my family

I did marriage in jan 2013. My wife starts fighting from the very first day. In this whole period I tried my best to save my marriage. But her behaviour is totally unacceptable. Now she left my home. And her family planning to file case against my family. What should I do to defend myself and my family?
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
contact her parents  . suggest visiting a family counselor . to resolve all issues . you have been married for only 3 months now . situation is not beyond repair yet . if wife files cases of DV   498A contest case on merits. obtain AB if 498A complaint is filed .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
As and when she files a case against you it is advisable that you and your family members should immediately apply for bail to pre-empt the possibility of you being arrested. 

Simultaneously you may file for divorce even before she files a false case against you.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Do not worry,every problem has a solution,keep in touch,contact for advice when ever you come across any legal proceedings from your wife or there side.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear i have already mentioned ,do not worry every problem has a solution,keep in touch,contact for advice when ever you come across any legal proceedings from your wife or there side.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
when did she left your house
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
it seems your wife dosent need you any more . now that she is pregnant she just needs the child not you any more . still for sake of your unborn child try for reconcilation . if wife refuses to reconcile file for divorce by mutual consent . contested divorce cases take years to be disposed of .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Dear Querist
if you decided to left her then you have to file a divorce case first because you can take benefit for this case if they filed any false case against you, if there is any threat from her or parents regarding extortion or falsely implicated then you can file a criminal case against them before court u/s 383/384 of IPC
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
There is no preventive measure against filing of a criminal case,if your wife would file an case u/sec.498a IPC as well as Domestic violence Act and an FIR is concerned with a police station. Then you should abscond for the time being and get anticipatory bail through a lawyer to avoid arrest.Without  FIR you can not get anticipatory bail,so you have to follow the situation,no need to previous measure.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
for divorce by mutual consent one year separation is required,or if you are interested in living with her ,file a section 9 application for restitution of conjugal rights,which will any way  form your base to contest for divorce in case she is not interested in giving divorce to you or initiate any legal proceedings again ts you in the form of complaint in women cell or complaint  under DV Act before metropolitan magistrate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
to file domestic violence case it is not necessary that you should have physically assaulted  your wife or verbally abused her . she can still make out a case for Domestic violence against you . generally provisions of Dv act are abused to make out a false case against husband  and in laws .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Dear client, it is better to give a legal notice for restitution of conjugal rights.
Smita Shah
Advocate, Hyderabad
12 Answers
1 Consultations
4.6 on 5.0
Its depend on her to file case or not but if you are not willing to with her then file divorce case against her
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Unless and until she files a case against you there is nothing you can do. As and when she files the case, take bail from court to pre-empt your arrest in pursuance of police investigation. If you want divorce then go ahead and file for divorce.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
file a section 9 application for restitution of conjugal rights,which will any way  form your base to contest for divorce in case she is not interested in giving divorce to you or initiate any legal proceedings again ts you in the form of complaint in women cell or complaint  under DV Act before metropolitan magistrate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Wait and watch the actions of your wife n in-laws.  Despit all odds u must  visit them and  ensure  her ante-natal check ups regularly.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
Hi, if she filed a criminal complaint, it is better you have to get anticipatory bail if she filed divorce petition then you have to contest the matter on merits
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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