Domestic violence threat and divorce
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 3 years ago in Family Law from Mumbai, Maharashtra
you have not told where she is staying at present
Advocate, Greater Noida
try to go for mutual divorce if you are not comfortable with each other
Advocate, New Delhi
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.
No she was here till about a month back. currently she is in India. No she has not filed any complaints against me in India or outside. She constantly threatens me 1. filing false case 2. cut her hands and blame me for DV etc and finally as she wanted to go back to India I bought her the ticket. The issue is she tells me she wants to go to India and tells her parents that I am forcing her to go. I didnt want to cause bigger issues here outside India hence agreed and sent her to India. Firstly, I am considering to get a MCD if possible and my question was what if the courts ask me to stay with her in case of a contested divorce or MCD. I dont want to stay with her as we never know when she may actually file a false complaint. By getting her statement recored in front of magistrate that she did so and so in past - i was hoping wll help defend my case in case she does false complaint in future... i dont even know if Magistrate or anyone can be involved either... my primary intent is to have the ground work to help me in case the situation arises in future
Asked 3 years ago
Also, i was thinking a statement in front of a magistrate and knowing it could be used against her will refrain her from thinking "false" complaints
Asked 3 years ago
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 .
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.
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Advocate, New Delhi
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.