Hello! my merriage had been solemnized in 2004, in 2008 making a false story, my fife had filled sec 125 in native place kanpur, and in 2011 she had filled 498a,323,504 etc by fabricated allegation, but after seeing that concern I.O had not found any truth in the FIR she had filled the affidavit in Mahila thana that she had filled the 498a in the agony and in laws had never threaten to her for DOWRY. and concern I.O had forwarded the file to CJM but case is not closed in CJM court, it is running since 2011 and no one is going there, and she came back to me in delhi, she has filled that Affidavit because after seeing the weakness of her allegations. but she has been continuously making nuisance in our family and dont respect to our parents, she live in other part of the house and dont care of my parents, she gives threats to me for suicide but i dont hv any concrete evidence for her wording, i hv two son 12 years and 10 years. she do whatever her father says, her father is a Quack doctor in KANPUR, his financial status is not good. he never convince her daughter but always try to make her against our family. our family reputation has already been ruined because of her false cases, out parents are very upset because of her threats, i m also in deeply depression. our children's future r getting in bad shape, she always threats to curve in other cases like DV etc. now i want to know in these situation, what can i do, can i file the divorce and take the children custody? can she file any other cases? is there any relief for me? or i hv to bear this lair lady to th whole life, she says that she has much power, LAW is with her, i dont know what i do? some lawyer has said to me that she can do every thing and feminist side always remain strong in court or everywhere. after hearing this i feel very helpless and threatened. pls advice me and kindly give me any experienced lawyer who can handle this case very strongly. R.K. SHARMA
Hello,
It is true that women side have stronger case in matrimonial dispute but that does not mean that you can not fight for your rights.
You can file a divorce on the ground of mental cruelty and can file a suit to get custody of the children.
Let me know if you want a lawyer to fight your case.
Regards
You can definitely file for divorce on grounds of cruelty against husband and in laws on the pretext of filing false cases against you and your family, suicide threats, indifferent attitude towards you and your family, mental & physical cruelty by your wife etc.
You can also file for children custody under Guardians and Wards Act and considering the age of the children, you might grt custody.
The affidavit filed by your wife in 498a will greatly help you in getting a decree of divorce.
You can win the case if you have irrefutable evidence disproving your wife's allegation, so the lawyers advising you that it's purely gender biased is wrong.
For any other queries, feel free to call.
Regards.
Sir first of all for ongoing case of 498a and other file a quashing petition before the high court and based on her affidavit get that case quashed. Obtain certified copy of affidavit from magistrate court.
Secondly yes you can file a divorce under section 13 on ground of cruelty and can along with that file an application for custody of children in the family court.
Thirdly yes she can again allege false dv domestic violence and 498a case but that can be countered with help of witness and her earlier false case.
No such is not case though there are some laws made for protection of women but it is not case that she can do whatever she wants. Further if she threats you again register a police complaint against her.
file for divorce on grounds of mental cruelty
2) wife threatening to commit suicide amounts to mental cruelty
3) wife threatening to file false cases against husband / his family amounts to mental cruelty
4) number of lawyers on this website from delhi contact any of them
Dear Mr. Sharma,
Wife certainly can't do anything. Apart from filing maintenance cases i.e. section 24 of HMA, Section 125 of Cr P C and Domestic Violence Case, wife cannot file any other case. Domestic violence is purely civil in nature and there is no criminal remedy as such.
You may file for divorce on the grounds of cruelty and keep the custody of the children if they are already with you. If children are with the wife then you may have to file a custody petition for taking the children.
Regards,
You do not have to bear her all your life, incase you have taken a decision to move-on in life.
I will advise you to speak to your wife regarding going for a mutual divorce, if she's ready then well and good, otherwise you file a contested divorce against her.
Off lately, the Supreme Court has taken a very strict stand against disgruntled wives and the way in which they have been misusing the laws enacted in their favour to harass and exploit their husbands and in-laws. Rest assured, you have enough substance to successfully contest a case against your wife.
Dear Sir,
The Indian Laws are in favour of married woman. However you can use of good officers of your common friends and try to get mutual divorce by paying some alimony and claim for permanent custody of children. If you file divorce case then she may take revenge against you by filing false cases and also claim monthly maintenance etc. The divorce case goes for years together. Think wise before taking any decision.
Dear Client,
She can again file false FIR sitting fresh incident of violence, You can file divorce on the ground of mental cruelty, Abusing in laws etc.She may fill, domestic violence case, maintenance suit etc.
Custody of children, usually grants to mother.
Now a days, court don`t favor blindly to women, as enormous false cases files every year. You should go ahead for divorce.
Sir firstly file for quashing of FIR under section 482 Crpc in high court where complaint was lodged. Secondly you can file divorce under ground of cruelty under Section 13(1)(ia) of hindu marriage act Since in many cases it's held that filing of false cases amounts to cruelty and divorce can be given on such grounds.
You can seek visitation rights for children Sin CD courts may not give complete custody unless you prove that the welfare of child will be harmed if it is kept with mother.
1) You can file custody for your children and divorce case against your wife.
2) Plus you can give complaint in the police station that wife is trying to attempt suicide so if she does any thing wrong atleast you have informed police first.
3) In court make the witnesses to your sons. If your sons talk in favor of you. Than the case will turn in your side. Children are key for your case.
You don't worry about what she will do as a retaliation to your legal action for divorce case filed against her.
There is nothing wrong in filing divorce case if the situation at home is intolerable.
You may obtain AB in case she is trying to lodge false case against you.
You don't worry appoint a good lawyer and contest the case. If you need telephonic consultation I will explain you about your matter. You can. Contact me through kanoon
