1) When and where you solemnized marriage and who are the witnesses for it, whether it's registered marriage or custom marriage as per Hindu marriage ceremony.

2) If it's forced marriage than you can apply for annulment of marriage in the court and narrate all your problems in that case.

Wife will file DV case against you seek right to stay in matrimonial Home , maintenance from you and compensation firm you

She can also file petition for RCR under section 9 of HMA

Hello,

1) As you have married her legally with all the rites and ceremonies, your abandoning her without a divorce can invite serious consequences. The fact that you moved house without information to her in itself is an act of cruelty in law.

2) Running away from the reality is not a solution. Youth need to take legal steps of you do not wish to continue in the marriage. Find out if she would agree for divorce by mutual consent. If not you will have to file for divorce on your own and this is possible only after completion of 1 year of marriage.

3) Avoid altercations as far as possible. Do not give occasions for proof of communication that may go against you. She can file criminal cases against you for having thrown her out of accommodation etc and marital cruelty. Be prepared to take remedial steps to protect you with the help of a lawyer locally.

File for an annulment before the court on ground that marriage was done by threat and coercion to file false cases on you, further you have never consummated the marriage the same can be put forward in the annulment petition.

This is my response to you:

1. Just because you had pre-marital intercourse does not amount to rape;

2. Also, you have full merits to get separated from her;

3. File a police complaint against her;

4. Also file for divorce under cruelty under Hindu Marriage Act;

5. Use the audio and video recordings to file a case against her;

6. Also if she has filed an FIR against you, find about the contents of the same and seek anticipatory bail;

7. Do the above steps if there is irretrievable breakdown of marriage otherwise you can attempt counselling or mediation.

Hello,

You can only file divorce after one year of marriage. You maybtalk to her for a mutual consent divorce.

And may give a NC in the police station.

Regards

1. It was wrong on your part to agree to marry her against the threat of her lodging complaint of rape against you.

2. Now you shall have to decide as to what do you want from this matrimonial relationship of yours.

3. If you want to terminate it, then you shall have to file a divorce suit on the ground of cruelty after one year of completion of your marriage submitting evidence in support of your allegation.

4. Before filing the divorce suit, you shall have to collect all the evidence of her cruel acts which includes her crating nuisance before your office. The evidence also includes audio/video recording of her conversations with abusive comments or threats.

5. Disconnecting yourself from her or not bringing her to your home will not help you in the long run since you shall stay as her legally wedded husband till you take tye decree of divorce from her.

First step should be to find out if an FIR is registered against you or not. This should be done by a third person. Maybe your friends, family or a lawyer. In case an FIR is registered, then the next step should be to seek an anticipatory bail to protect you from arrest. The likely hood of an FIR is there since you mentioned that she brought to the house so we need to secure your protection.

Now she can make up stories and file a domestic violence complaint against you and your family, there can be a divorce suit against you and also a complaint under section 498a of Indian Penal Code. The next step should be to find out if any such case is filed or not. The same can be done by checking from your previous residence if there was any court notice/summons in your name or not.

Once we have ensured of any pending case/complaint against you, the next step should be to find a mediator to talk to her and family. The mediator can be your friend/family. Only after knowing her demands, we can go for a negotiation and try to end this outside court.

From your side you can too file a case of divorce and a complaint before the police but that would only worsen the situation as it appears that she can go to any extent to pressurise you. So the best solution is to as a friend/family to speak to her and know her demands first.

Also if your friend can, tell him to talk over phone and record everything. Even now if you talk to her record everything in order to protect yourself.

While i can understand your need to avoid her, the way you have gone about the situation shall not help your case in the future because as per law, you cannot be permitted to take advantage of your wrongdoings. From the perspective of law, reasons apart, you have abandoned/ deserted your wife and this will go against your case. I agree that her conduct has not been exemplary but it can be held to be on account of your conduct. You need to bring the situation under control before deciding to get out of the marriage. For the same, in my opinion, however unfeasible for you, you will have to stay with her for sometime at least before you can file for Divorce.

You can file for divorce on Grounds of cruelty against your wife as the actions of creating a scene at your office and going to the police station to file false cases against you and your family definitely constitute cruelty as per section 13 of the Hindu Marriage Act.

After the decree of divorce has been granted by the court, you would not be legally bound to live with your wife but you would have to pay maintenance to her if she is unable to maintain herself or has no, or less income than you.

Regards.

1. Since you have separated from your wife you are free to live separately. However, under the provisions of DV Act in India your wife can seek the right to residence in your shared household.

2. You cannot file a petition for divorce before April 2019 as under Hindu Marriage Act a petition for divorce cannot be filed earlier than a year from the date of marriage.

3. If a case under 498A gets registered then apply for anticipatory bail.

If there is proof and evidence for your marriage with her then you cannot avoid the marriage with her.

If you have to come out of this binding then you may have to approach court of law only by filing an annulment petition stating that this marriage was forced on you against your willingness.

That your marriage was not consummated due to the said reason hence seeking to nullify the marriage by a decree of annulment.

Divorce case cannot be filed at this stage.

However there is no compulsion on you that you have to live with her together if you do not want to live with her, you can still live away from her.