• Wife not agreeing for divorce and threatening me

I am married and 39 yrs old. Ours is inter-cast, love come arrange marriage (9 yrs over). I have two kids. My wife always behind social media and hook up with some guys. Past four yrs, my wife having affair with multiple man and she is not ready to change herself. I collected her wats up message, email and call recordings. My wife deleted those data also. Now i have few wats up evidence only. I discussed with my wife parents to stop her but no use. Now she is not ready and accepting to apply divorce also. My wife and her family members threatening me saying that they book me under dowry and harassment case or write suicide letter and send to police, kill both kids and commit suicide and etc. They have local politician support also. I am ready to take care two kids also. If i apply divorce then they are telling that they take more money and my asset too. They are telling that if i leave home and run away also they fill case against me. I don't know how to approach this issue and get out of this trap. Please guide me.
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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12 Answers

If you have proof to prove the adultery you file contested divorce with custody of children and the influence of politician can not interfere in the court case.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear

First of all you have to take your kids to some safe custody before filing the divorce to safegaurd your children in case your wife take some extreme step.

Then you should file divorce and also lodge a police complaint against your inlaws for threatening you for your life and kids.

After that let them file cases against you you can take defence that they have filed cases to counter the divorce case for pressurising you to withdraw divorce case.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

You can get divorce and you need not pay any alimony as she is living in adultery.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Hello,

  1. If you have enough material to prove her infidelity and careless life you can file for divorce unilaterally on grounds of cruelty. You do not have to leave the house.
  2. You will need to continue to maintain the wife and the children, especially if the wife is jobless . As the children are very young, they will need the care of the mother until they can be on their own. However in your petition for divorce you must ask for the custody of the children as they will not be in safe hands if she brings them up in her wayward ways.
  3. You need to engage a lawyer locally to assist you with taking timely steps before she takes any steps that can place you on the back foot. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

You can file Adultery case against her and plus complaint in police station that wife is threatening you that she is going to attempt to suicide and kill both the kids.

 

Meanwhile can ask both kids custody under GWA acts.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Record their threats 

 

2) file police complaint against wife constant threats to commit suicide 

 

3) in the event wife files false dowry harassment apply for and obtain Anticipatory bail from sessions court 

 

4) no need to bow down to pressure tactics 

 

5) file for divorce on grounds of mental cruelty and adultery 

 

6) wife having extra marital affair amounts to mental cruelty and is ground for divorce 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file divorce don't get scared. If you prove adultery in court then she will also not get alimony. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File divorce case on ground of cruelty. It will be the best option for you.  Ignore her threatening.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

First of all anyhow send your wife at her parental home and then file a divorce case against her. 

Along with that move a complaint to local police that she went from your house by taking all jewelry with her. 

When she will try to enter in your house call police and give them copy of divorce petition. 

Police will not allow her to enter in your home. 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

there is no need to harm yourself. If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act. One is when there is mutual consent and the other when a party has to contest on various grounds that are mentioned like Cruelty, desertion, etc. 

And you can file this immediately now as for divorce there is no need to stay separately for any particular time. So don’t worry you can easily file for divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have made up your mind, then file for Divorce.

Upon contest you can obtain divorce for which you need to prove to the court your case.

Coming to their threats, the same will have to be proved by them and they have to demonstrate their allegations are correct with substantive proofs.

However, initially you may have to face some trouble.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

If ther situation is intolerable and if you find it difficult to continue this married life, you may file a contested divorce case on the grounds of cruelty.

Let them have any political support at their background or let them threaten to file dowry harassment cae or any kind of suicidal threats, you may not be afraid of all such gimmicks.

You may consult an advocate in the local and file a divorce case.

Her false cases filed subsequently can be challenged on merits and with documentary support.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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