Dear Sir, We got married on 15.12.2010, both of us were residing in Noida where I'm doing job in private company. On 31.12.2017, I sent her with her parents for some refreshemnt. it was decided that she will go to my monther on the eve of holi. Since 22nd of Feb.' 2018 only due to a fake call on her No. she started quarelling with me. That call was from some guy using some bad words. She threatened me that she will block her no., I then surrendered my no. Since then she was not talking to me before she met with an accident on 04.03.2018 after Holi. Between these days she was using no. of her boyfreind but was not talikg to me. I got a call after accident that can her tretment be done through my medicalim card. I agreed & she was operated though my medicalim. After that some how I maaged to get her back to Noida. Her younger sister also came with her. As she was indulged in an affair with the help of her sister she didn't gave me time. She used to talk to her boyfreind all over night. I then recorded her call with her boyfreind & showed her the truth. Since then She was not happy with me. She also asked me to sned some money to her boyfreind before I was not knowing of her affair & I ransferred Rs. 6000.00 which he asked me to send to his freind's account. After I came to know of there affair, they started quarelling with me over & again. I kept on asking her to give some time to me but of no value. And at last with the help of her boyfreind she was able to get ticket for herself & me also, since I didn't got leave from the company. they went alone. Her boyfreind sent money to her account. Even when she was boarding the train she talked to my mother & my elder sister that she will be coming to them after getting treatment. But as she went there her mind changed & her mother started threatening us that she will go to Highcourt & drag my complete family. I tried a lot to talk to her but my sister in law stated that she won't allow me to talk to her sister (my wife). Now she started working over there. Her father had asked me come to my home for a family talk but my wife is refusing such talk. Now plz. suggest me as per below: 1. What type of cases she may file, as I have also sent her some harsh messages for her parents such behaviour? 2. What should I do in order to safe guard myself? 3. The same case was with her elder sister also, where they got divorce & her sister is now married to soem other guy? can I get the help from this stating that this has become there regular habit? Kindly suggest. Sir Regards Sumit
Hi, Nothing will happen to you, Suppose, if she lodge a police complaint against you and your family members then the police will not arrest you immediately they have to issued notice to you and your family members so after serving the notice only they have to start investigations. So you time to approach the Court for obtaining the anticipatory Bail.
2. What ever case she can file, better you can get the legal advice and contest the case.
If you do not want to live with her firstly send notice seeking for mutual divorce if she refuses file a petition under adultery bad cruelty under Section 13 of hindu marriage act.
Secondly she may file dowry harassment case but now apex court has issued guidelines that no arrest can be made only on complaint it will be referred to committee. Also she can claim maintenance under section 125 but please note a adulterous wife is not entitled to maintenance. As such sending notice making all allegations will safeguard you in future from any unwanted litigation that may be initiate by her.
1) file case of adultery against her boy friend under section 497 of IPC
2) also file for divorce on grounds of mental cruelty and adultery
3) make her lover co respondent in divorce case
4) rely upon audio recordings in your possession of wife extramarital affair
5) if your wife and her boy friend have checked into hotel room it is sufficient to prove adultery
Hello sir , it is advisable first to settle the dispute amicably and gather as much evidence as possible of her affair.. Try and make a video of her confession when her parents come for settlement.. This wil safeguard you from her future legal actions .. However, if she agree for mutual divorce, then try And proceed ahead as thier is no future when she is not emotionally attached to you ..
1. it appears she iis not ready to be this marriage anymore and if that is so then it is better to dissolve this marriage by mutual divorce.
2. So ask her for mutual divorce and come out f this marriage which would save you from any case whatsoever except case for maintenance.
3. So do not refuse her demand for divorce .
1. She can lodge police complaint against you and your family members alleging dowry harassment and can file DV case against all of you. She can also claim maintenance from you claiming that she is not employed and can not maintain herself.
2. It will be prudent on your part not to send her any such messages which she can use against you as evidence of your cruel acts and presently give her some time to reconcile with her present situation. She might decide to return to you ifnally. However, you can send a letter to your local police station informing them that your wife has left you for her parental home out of her own wish.
3. Her sister's matter is totally different and has nothing to do with your case.
Hello,
First of all let me tell you that they can file a case of domestic violence against you under the domestic violence act. Dowry and cruelty under section 498A and....There are various other sections too under which you can be under grave pressure to settle with them or face imprisonment.
Therefore first decide your priorities.if you want to take her back then negotiate with them promptly and go to them before they do anything.
Otherwise if you think that she is unfaithful after 7 years of marriage and still talking to her boyfriend .. .then even before they do anything file a divorce petition in your city against your wife and simultaneously lodge an FIR against the boyfriend for adultery. He will go to jail and if you file a divorce in grounds of your wife being unfaithful..you don't have to pay anything and you will get rid of her.
Regards
She can approach the court for getting maintenance, protection and 498A. The same time she can approach the police also file false petitions. If she filed then contest the same before the court.
Better you have to settle the matter amicably. Its your life, law can help and protect you at some extent,but law could not give a good family life even other wise both of you have mutually understanding in the value of family life.
Criminal Complain u/s 498a, 406, 506 IPC, Sec 125 Maintenance , Domestic violence case.
Apply anticipatory bail.
No. family history no defense.
If your wife is reportedly indulging in an affair with her boy friend and is neglecting you then you may file a divorce case on the grounds of cruelty.
You may cite her adulterous life as a reason for this divorce petition.
She may try to avenge you for this act by filing false cases against you for dowry harassment and DV cases.
You have to take precautions accordingly
1. she may file a case of harassment under section 498A of the IPC and for criminal intimidation.
2. File a NC in the police station and thereafter as soon as the FIR is filed approach the HC for FIR quashing since there is no provision of Anticipatory bail in Uttar Pradesh.
Regards
