• Domestic violence threat and divorce

Hi

My wife has previously threated to put me and my family in jail in the past using false reasons. Although she had not done it so far, is there something I could do proactievly to avoid any false allegations /cases against me in future. Is it possible that , if she agrees to, she can acknowledge that she falsely threated me in past fin front of a magistarte and she will not do it in future so that it could be used as a evidence. I work internaltional on assignments and am afarid  and not comfortable to stay with her thinking if she files a false complaint say in US, i may be in unnecessary trouble.

your expert help and advise is appreciated
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
you have not told where she is staying at present
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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try to go for mutual divorce if you are not comfortable with each other
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Is your wife staying in US? Has she previously filed a complaint against you in India? You may in order to safeguard yourself apply for bail if and when she files a complaint against you and your family. Simultaneously you may lodge a complaint against her for threatening implication in false cases.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
next time when your wife threatens you record her conversations . it is advisable to contact a local lawyer . even if your wife files dv case you can engage a lawyer and fight case on merits . you cannot be arrested in DV case so need to obtain bail . 

if your wife is agreeable then file for divorce by mutual consent . in alternative file for divorce on grounds of mental cruelty .
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Dear Querist
you should send some information cum complaint to NCW/NHRC/CP/CJI regarding the matter and your apprehension, if she filed any false case then these information cum complaint will be use full in future for your defense.
Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. The statement before magistrate can certainly be used as evidence against a person. However, it does not appeal to reason that a person would agree to record a statement  which has the effect of emasculating his/her legal rights. Hence, it is a foregone conclusion that she will not record a statement.

2. If she does not agree to joint divorce on the basis of mutual consent then apply unilaterally for divorce in India. Court will not require you to live with her. 

3. If and when she files a false case against you then contest it on merits through your lawyer.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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