• Violent wife. Can I desert? I have NC registered against her.

I am Hindu. My wife is violent and abusive towards me & my mentally retarded sister. She hit both of us recently and I have filed Non Cognizable Offence against her and an MLC done for my sister as well. Can I leave the house. I don't have parents. Can she file DV against me for this deed ? Tell me the best way to deal with this.
Asked 3 months ago in Family Law from Pune, Maharashtra
Religion: Hindu

  1. You have acted wisely in filling NC. 
  2. The other thing you must do, is end this abusive marriage. You must move family court with a petition for divorce. 
  3. I'm prepared to handle your case as your advocate. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)

I think I read your question wrong. Your wife has filed an NC is it? I'm prepared to defend you in criminal trial as well

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1102 Answers
2 Consultations

4.4 on 5.0

record her abuses 

 

2) install CCTV camera s in living room of house 

 

3) audio and video recordings would help you in making out a case against your wife 

 

4) if wife files DV case in your reply mention that she is abusive towards you and sister hence you have left her 

 

5) file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
66758 Answers
4037 Consultations

5.0 on 5.0

Hello, 

yes you can leave the house and then may file a case of divorce on the ground of cruelty

Ask your sister to lodge a FIR

She may file a false case of DV. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

you can file divorce on grounds of mental creulty. collect number of evidence incase if she file false DV case. yes you can leave your house but may be she can claim maintenance u/s 125 crpc .  best option settle dispute amicably through an mediator or contact local family lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

get a divorce on the ground of cruelty as yours is a fit case of divorce. You have already registered a  criminal proceeding against her aggressive and violent behavior. What else you need?

Robert D Rozario
Advocate, Kolkata
24 Answers

5.0 on 5.0

You can file case for judicial seperation or divorce case. Your chances of success will be high and if you can defend your case on ground of violent nature of your wife and instances of attacking you with police complaints made you may be escaped from giving any alimony or maintenance to her.

Kallol Majumdar
Advocate, Kolkata
1313 Answers
2 Consultations

5.0 on 5.0

Treating husband and her retarded sister with violence valid ground of divorce. You can leave her, she may file false cases but police will record your version and reason for separation,.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

in case court imposes any conditions while granting bail in dowry harassment case you would need court permission to travel abroad 

 

2) you need to apply for AB only after FIR is filed against you of 498A 

 

3) you dont need bail in DV cases 

Ajay Sethi
Advocate, Mumbai
66758 Answers
4037 Consultations

5.0 on 5.0

Yeah, you can apply for AB prior filling any case.

I am also needed to travel abroad because of office work. How would that be affected by such proceedings ? -- Not much, you can get court permission before going abroad. 

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

you must apply for anticipatory bail you can travel abroad even FIR registered. 

 

Mohammed Mujeeb
Advocate, Hyderabad
10127 Answers
3 Consultations

4.5 on 5.0

You can file a contested divorce against her.  You can also try a mutual consent divorce if she is ready. She may file domestic violence.  You need to contest it all

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

That would not effect the proceedings. 

Yes, you may take anticipatory bail. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

See you can file divorce against the wife on the ground of cruelty or the judicial separation if you don't want divorce, further then you can start living separately in case she file any false complaint same can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

See in case of criminal cases by her the court can impose travel ban but with permission of the court you can travel abroad. See you can apply for divorce and anticipatory bail if there is fear of arrest. 

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

In case you want to desert her the cases of DV etc will definitely be filed on you along with the maintenance case.

You need to take anticipatory bail to avoid arrest as well as you need to take the court permission for leaving the country if criminal cases are pending against you.

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

You can very well stay away from her considering your safety.

Let she file any case, you can challenge them on merits.

You can even plan to file divorce if situation is intolerable.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You cannot take anticipatory bail without any criminal case registered against your name.

You can proceed to abroad as per your wish.

Filing divorce case is your decision.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

It is clear from this unfair nature of laws that unlike other laws of India, the Burden of Proof in laws dealing with protection of women lies on the accused to prove his innocence which means that the husband and his family members are immediately apprehended as soon as wife lodges an FIR that is without an opportunity of being heard, they are considered as accused.

But recently, the verdict given by the High Court of Bombay in the case of Shri Mangesh Balkrushna Bhoir  v. Sau. Leena Mangesh Bhoir decided on 23rd December, 2015 provided some relief to the husband in such cases of false complaints. The Court held that whenever a wife institutes a false complaint against her husband and his family members and the husband and his family members get acquitted, and no case is made out against them, then such an act of wife would constitute cruelty. The judgment was delivered by Justice R.D. Dhanuka wherein he said that on such a ground, the husband is entitled to file a petition for divorce from her wife.

IPC does not define the term cruelty. The courts in India have regarded cruelty as an inhuman act that causes mental sufferings and threatens the health and life of another person. There can be mental as well as physical cruelty either by husband or wife. Section 13(1) (i-a) of The Hindu Marriage Act, 1955 provides cruelty as one of the grounds for divorce and party seeking divorce must prove that it has become impossible for husband and wife to live together.

FACTS OF THE CASE

In the above matter, the complaint was filed by the wife against her husband and his family members under Section 498A[1] read with Section 34[2] of Indian Penal Code. Thereafter, the Husband filed a petition praying for divorce on the ground of cruelty and on other grounds. The petition of the wife was dismissed as the prosecution failed to provide sufficient evidence to the court, and hence the court acquitted the accused. In the meantime, the divorce petition of the Husband was allowed on the ground on cruelty. The first appellate court set aside the order for divorce. The Husband filed an appeal against it.

Netravathi Kalaskar
Advocate, Bengaluru
3069 Answers
13 Consultations

5.0 on 5.0

Dear 

You should file the case of judicial separation it will be better that Dissertion of wife. And make your wife leave the house. 

The case should be on grounds of physical Cruelty towards you and your sister. So that she can't able to file 498A abd DV case but if still she files the case it will be in your favor.

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

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