• Divorce

Hello Sir\Mam,Please adivceabout the situation from which my family is suffering and specially me as my wife is living in their parent home since 5 months but the main is that she is putting wrong allegation on my father as well as on my sister as their family went to my sisters house and meet their in law and start threating them if they are not stand with then they have to face allot of problems. Moreover , the main problem is about our child which was of 72 days but when she went to he own house for one day and abort our child as well as I have the proof for the abortion. Both, family decided for compromise meeting regarding the child issue but their they put allegation on my father about the sexual harassment and threating me for the imprisonment if did not accept their conditions and that was I would leave my Father and leave alone my wife. But i got scared and under depression i fell to live my home alone . Afterwards, when i leave the home the put case in women cell and allegated on my father for the sexcual harssahment but i belive the allegation is wrng But i want divorce but my wife refused it.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Sir file an contested divorce on ground of cruelty they are intimidating you threatening you for false cases, abortion woithout consent by your wife and regularly fights. Further see you can lodge  a police complaint agaisnt them for regular intimidation and threats. 

See further if the case against the father is register that there is FIR file an quashing petition before the high court to quash the said FIR also father will need an Anticipatory bail 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) wife levying false allegations against father in law amounts to mental cruelty 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Please take a final decision as to whether or not you wish to continue your marriage.

One angle of tackling the present situation is to file a petition for restitution of conjugal rights.

The other way how the soituation can be tackled is, by way of filing a divorce petition against your wife.

In case your final decision is to get separated from your wife, mutual consent divorce is rthe best way out of the present situation. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

  1. As per the information mentioned in the present query, makes it clear that you and your family have been subject to mental harassment without any reason.
  2. I advice you to first collect some evidence as when they threat you or your sister.
  3. Then file a police case against them also to say in future about their conduct before the judge.
  4. Then file a petition for divorce on the ground of mental cruelity and false allegations.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

you can file for divorce against your wife on the ground of cruelty. Staying away from the matrimonial house for as long as 3 months amounts to cruelty upon the husband. You can thus file for divorce against her. Alternatively you can also file a case for resumption of conjugal duties against her and the court would order her to return to her matrimonial home.

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

1) You can file case on her for divorce if stillshe refuses it court may grant her judicial separation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi, since they have provided the complaint , the women cell will investigate the matter and proceed accordingly.. You can register a FIR against your wife and her parents for abortion of your child under PNDT act as it is a serious and a non bailable offence 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can file for divorce without your wifes consent. the court may grant you the same under the allegations of harrasment.

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

If your wife is not agreeing for mutual consent divorce, ignore her denial.

You can file a contested divorce on the grounds of cruelty.

If she has filed false cases against you and your father, first obtain AB and then challenge her false cases properly in the trial court.

Dont fall prey to her pressures neither you need to be agfraid of the consequences of her false cases, you can engage a skilled advocate and get rid of this menace

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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