• Wife makes life poisonous but reluctant to give divorce

Hello !I ve been unhappily married fr almost 3 yrs.from the beginning we both don't have good understanding.she always suspected me, quarreled with me over trifles!she didn't take care of my old parents..n make our life hell!
Things were getting worse day by day n she left our home n started living with her parents..
I file a divorce case against her..
Now they are conspiring to send us into the jail by filing a case against dowry!!!
Now the problems are -
1)to save my family members from this trouble,I want to withdraw the case I filed against them.
2)they will also do the same then but she will start living with us again n make our life poisonous again !Bt living with her is impossible for me !

Now my qs are -
1)if I leave home n city n start living somewhere else,wt steps police/her family can take against me?
2)can I change my religion just to get her divorceed?
Kindly help me out!
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

1. Even if you withdraw the divorce suit there is no guarantee that she would not lodge false complaint against you r your family. So withdrawal of divorce suit is not at all advisable rather it would give a good ground to get you bail if she files 498A case.

2. There is no need at all to give much importance to the 498A case ot get unnecessarily worried about it. Getting bail in such case has become routine nowadays and there is no automatic arrests in such cases.

3. Change religion would be good ground for divorce.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

1. See irrespective.you withdraw or not she can file a dowry and domestic violence it can be contended before court that dowry case is counter of divorce.

2 keep on Pursuing divorce court will grant you divorce withdrawing case won't serve purpose if she is threatening file a case of criminal intimidation.

If you start leaving serapetly then also police can arrest you and attach your property you can be declared absconder.

No.changing religion won't help you in getting divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) For time being you withdraw the case on conditional base by mediation and put few conditions as per your wish. How should she behave after coming home and how she should behave with your parents in the writing.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Now my qs are -

1)if I leave home n city n start living somewhere else,wt steps police/her family can take against me?

If there is no case pending against you, then why should police search you.

It is upto you to withdraw the divorce case or to live out of your home town in a far off place.

Whatever actions she wanted to take on you, she will be doing it even if you are far off, if no compromise has been arrived between you both.

2)can I change my religion just to get her divorceed?

Kindly help me out!

How do you think that change of religion will help you get divorce easily.

The divorce can happen only out of the provisions that you got married to and not on the basis of the later stage development i.e., changing the religion etc.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

So you have to contest the divorce petition before court on grounds of cruelty under hindu marriage act further donot withdraw the petition contest same and.provide evidence.to effect.of her cruelty

Harassing parents ,not letting to live with parents mental harreament false cases all amount to cruelty and divorce can be seeked there will be but difficulty but you will succeed it's not on her the court shall grant divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. They say marriages are made in heaven. But so is thunder and lightning. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. As you know that marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, faith, friendship and understanding to make it last. Moreover a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.

Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation.

Please understand that according to Supreme Court guidelines there is no automatic arrests in cruelty and dowry-related cases under Section 498A of IPC that has often been misused to harass innocent family members of husbands named in complaints.

If you leave home n city n start living somewhere else then police or her family members can file a complaint against you. But please understand whatever they may file you have a right to get justice and to be defended. So you can certainly defend those charges.

Religion is a very sensitive and personal aspect of individual's life and the constitution of India guarantees the freedom of conscience and religion to people of all denominations. Thus, a person is free to profess any faith or relinquish his faith of birth and convert to another religion. However, in view of the diversity personal laws in our country, upon apostasy the personal law of the convert words. Conversion of a spouse gives to the non-convert spouse, a ground for matrimonial relief. The logic underlying the grant of relief in case of conversion is. However, not merely a legal one, viz., that after conversion, the convert will be governed by different personal law, but also because conversion could mean a radical change in the personality of the convert. The event is often very much akin to a breakdown of the marriage and goes to the root of conjugal life of the spouses.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

1 yes you can leave and start residing any where. She and her family can file maintenance case as well as dowry harassment case.

2 change of religion may not help you in divorce. As change of religion will not change the relationship. You may file for divorce on the grounds of cruelty.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1) do not with draw the divorce case filed by you

2) in the event wife files false dowry case apply for and obtain AB from sessions court

3) there is no automatic arrest in 498A cases

4)police would issue you notice to record your statement .

5) you cannot change your religion to get divorce

6) you can shift to another city

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

you have to prove allegations made in divorce petition of mental cruelty divorce decree would be then passed by court

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Then file a contested suit for divorce and if you mange to proved her acts of cruelty then you will get divorce.

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

1. It is not easy now to send the husband and his family members to jail for dowry unless they are convicted. Before proceeding to arrest the accused police is bound to serve a notice on them, and when the notice comes the accused can then apply for anticipatory bail. The courts except in few states are liberal in granting anticipatory bail in 498A.

2. You do not have to withdraw the divorce case filed by you against her, but if you wish to do so then you just have to make a statement in the court to this effect.

3. Changing religion will not give you any protection of law.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Record her every activity that seems suspitous to show in the court is needs arise.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

This is my response to you:

1. File a criminal case against her family members and her under sections 120B, 351, 383, 498A, 500;

2. The next step continue on the divorce proceedings;

3. Collect all written, oral and video recordings of her behaviour harming you and your family members;

4. Also, if no dowry was taken then you have nothing to worry and if she has no proof then you don't need to worry;

5. Also, finalize the divorce otherwise there is no other way out.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can file for judicial separation. Section 10 of the Hindu Marriage Act, 1955, provides for Judicial Separation. According to Sec 10 of the Act Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If there is no case police can't harass you. the trick of getting religion changed and Divorce is not recognised by law now

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

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