• Harassment by wife

My marriage was arranged marriage & done on 8th Feb 2015. My wife never except me as her husband never respect me & my parents. I gave her lots of love and financial strength.  She categorically told me first night that her parents pressurise her for this marriage. She never perform her conjugal rights after marriage. Me & My family members gives lot of love & respect to her. After marriage she left her mother’s home within 21 days. After that she never return back to my home, her mother avoid us of her return with mis reasons till she she filed false petitions against me. On 25th april 2015 she committed suicide attempt for reasons I am not taking care about her, am not caring her likes and am doing mental, physical, sexual harassment. In the FIR she told many things which I never ever did with her. My family and me lost name and fame in the society. Main thing l lost my character in the society. I don’t want to continue with my wife. Kindly suggest me further action to be taken.
Asked 1 year ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
We are very sorry to hear about your problem.
If your are married with your wife more than 1 year then you can file a divorce petition under Section 13 (1) on the ground of cruelty and desertion. 
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. Did she committed suicide or attempted to committ suicide?

2. If she has not committed suicide then you should thank your stars for avoiding a major disaster in your life,

3. Contest the false FIR filed by her fittingly,

4. Wait for completion of one year of marriage for filing a divorce petition on the ground of cruelty,

5. Engage a local lawyer having expertise in this field. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Hi, as your marriage is not completed with in one year you have no options you have to wait for one year of your marriage and then you can go for divorce on the ground of cruelty.

2. For false complaint you have to apply for anticipatory bail and get the bail and then you have to move for High Court for quashing the complaint.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) since your marriage has been solemnised only in Feb 2015 you cannot file for divorce unless period of 1 year has elapsed from date of marriage 

2) you can then file for divorce on grounds of mental cruelty 

3) refusal to have sex amounts to mental cruelty 

4) as far as police complaint lodged by her you have to contest case on merits and obtain Anticipatory bail from court 
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
File a divorce case immediately and fight the same on merit & try to prove it that her act comes under the cruelty.

approach to court for counselling and try to settle the matter amicably with the help of the counselor & elders & relatives.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
It is advisable to go for mutual consent divorce with your wife since you will have to wait for a year to file a contested divorce petition. Regarding the complaints lodged by her, what is the action the police has taken? was any of the family members got arrested etc? in case of apprehending arrest, it is advisable to obtain anticipatory bail orders from the court. In the cases filed by her, if the matter reaches court, try to get the matter settled through mediation else it would take long years for settling the issue.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
at present you should collect all the credible evidence which can proof that the case filed against you is false and has no merit. If any cruelty might be caused against her so it should have any proof. Is there any attempt for conciliation from her side ? Is there any medical evidence of injuries on her body ? Is there any evidence to show that you abetted her to commit suicide ? if above mentioned fact are missing then you may not be prosecuted for any offence. An attempt to commit suicide is offence under section 309 IPC. She has committed offence so she is trying to give colour of harassment and evade herself from any criminal liability. 
K Srinivas vs K sunita, it is held by the supreme court that filing of false criminal case against the husband is constitute a ground of divorce and wife shall not be entitle to get any maintenance from the husband.   
  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Contest the false case filed by your wife against you.

The procedure for divorce in India for Hindus is a long process, and somewhat tedious, given the numerous loop holes in the legal enactments. The pre condition for divorce for Hindus is that the couple should be living separately for at least one year.
But in your case to avoiding the one year period you have to file the petition under the ground of (1) non consummation and (2) fraudulent marriage .The petition filed for declaring your marriage is null and void.

A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage and that the marriage has not been consummated. And the frauds had been discovered after the marriage in her education qualification, consent of marriage (consent to the marriage contract was obtained either by fraud or force, and then there are grounds for an annulment.)And add the other ground as adultery, and cruelty. 
Also make the lover of your wife as one of the party in the petition. It may lead to a speedy amicable settlement .
Before taking the above contentions ,you must care fully read her prayer in the petition lodged against you.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. You should seek bail immediately to preempt your arrest and then contest and rebut on merits the FIR filed by your wife. 

2. If you do not want to continue with your wife then the only thing you can do within the legal framework is to apply for divorce on the basis of the cruelty committed by your wife. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) file complaint of adultery against her boy friend under section 497 of IPC if you have evidence of her extramarital affair 

2) if your brother in law assaulted you file criminal complaint against him of assault . I do hope you have taken medical report from doctor of nature of injuries 

3) if you have evidence of your wife mental illness do rely upon psychiatrist report in your defence that wife attempted suicide on account of her mental condition

4) your wife will have to prove the allegations that dowry was demanded by you and your family at time of marriage
Ajay Sethi
Advocate, Mumbai
23264 Answers
1219 Consultations
5.0 on 5.0
1. The only option you have is to engage a defence lawyer to contest the case on merits.

2. She is the one who has to prove that she was subjected to violence which drove her to attempt to commit suicide.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. The worst is over for you since you have come out of the jail on bail,

2. Now, you shall have to contest the cases fittingly,

3. Select an experienced criminal lawyer having expertise in this field,

4. Develop rapport with the concerned police station conducting inquiry against you for getting favourable Investigation Report,

5. Audio/Video record all offensive actions of your wife and inlaws as irrefutable evidence and lodge counter police complaint against them being supported by the said evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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