Hi, I have been married since 2013 and it was a love marriage. My family accepted our marriage first but her family was rigid about it. A year later, her family also accepted our marriage after understanding that I am a good guy and having government job. Everything was good for 04 years and then we started to plan for family. But my wife could not conceive, we also consulted a gynaecologist and she said everything is normal. After 5-6 months she had severe pelvic pain and when we consulted an other gynaecologist, we came to know that she had severe uterian infection. She had a laproscopic surgery for it and she started to blame me for not having babies. She has always been very wild since her childhood as she and her parents told me. I also took her to a psychiatrist in the 4th year of marriage due to her violent behaviour. All these years I had ardently followed her and supported her in her business financially and physically. Further, she was never comfortable being at my parents house or if they came to visit us. She loved shopping, travelling and of course I always spent it for her. Which sometimes affected my financial situation. I was posted in Khargone district where she shown her violent behaviour and even banged my head on the door once in which I nearly could have lost my eye. My landlord knew about it. But since I loved her, I remained silent about it. Her family, my family, my landlords family who cared for her like their own daughter, all of them tried to change his behaviour, and she never changed her behaviour. Since she never liked to live in a small city and her medical condition gave her an opportunity to move to a big city. She started pushing me to get a transfer. Due to her, continuous push and abusive behaviour I could not help but ultimately applied for the transfer. Since I am in government organisation, getting a transfer takes time, she said that if you are not getting your transfer done, just shift me to Indore and you may come whenever you get your transfer orders. To save my marriage, I had no choice but to agree to her condition. She started living alone and started to mentally harass me everyday for being busy and not calling her many times a day or having long phone call talks. Later in December 2019 she started fighting with me, interrogating about my finances claiming that I am having an affair or I am going to prostitutes, since we did not had physical relations since Feb 2019. As it was not comfortable for me to have physical intimacy with someone who fought daily with me. Since I couldn't take it anymore, I told her that it would good for both of us to get separated and after that from past 3 months she is threatening me of filing a police complaint against me for mental harassment and that she will destroy my career and family. I want a divorce but she is lingering it. What should I do? What are my rights? What can she do legally. Can I file the divorce and police complaint against her for cruelty
Hello,
Yes, she can file a case but before she takes any action file a GD in your local ps stating that she deserted you and tortured you physically and nowadays threatening you to file a false case.
After few days you have to file a divorce. If there is any prescription which suggests her mental problem then you can take benefit out of it..
Hope this helps..
Regards
If for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty
3) wife accusing husband of having extramarital affair amounts to mental cruelty
4) wife forcing husband to stay separate from parents amounts to mental cruelty
5) you can rely upon messages exchanged with wife , audio recordings to prove allegations made in divorce petition
Dear Querist
My opinion on your queries are as under:-
1. You should file a divorce case before the family court against her based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 if you are unable to live with her.
2. you have the only and best right as above.
3. She may file a maintenance case against you and claim 1/3rd of your income if she is unable to maintain herself, under section 125 of Cr.P.C.
she may file a domestic violence case against you and claim protection, right to residence, monetary relief and compensation under section 18,19,20 & 22 of The Protection of Women From Domestic Violence Act-2005.
She May file a false police complaint against you and your family for dowry demand under Section 498A of IPC.
Feel Free to Call
First apply your intelligence and past experience to your present married life and predict it's future . If there is no possibility of getting back normalcy in marriage in future or it had lost all its meaning with no scope of betterment, you can file divorce or judicial separation case on ground of cruelty.
The facts and circumstances go in your favour only. Your wife does not have any valid reason to file any matrimonial case against you. She can not do any harm you by filling any case in this regard. Avoid her threats.
One thing you must remember and act accordingly . If your wife first file divorce case at her place then you have to attend court there. If you first file the case at your place and she files later at her place then her case will be transferred to you place. If you file later your case will transferred to her place. Keep this in mind.
Till now it is a civil matter no criminal activity is there.
1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
1. If police complaint is filed and FIR gets registered under 498A then apply for anticipatory bail.Thereafter, contest the case on merits.
2. You are also free to file petition for dissolution of marriage on the ground of mental cruelty.
She can file a complaint under domestic violence act as well as IPC. You can file contested divorce and police complaint for threatening to file false cases against you
Hi
Yes you can file a police complaint against her for threatening you to indulge you in fake cases and other tortures.
File divorce case, her medical condition would also be the ground for divorce.
She can also file cases but as per your description, your side will be strong enough.
Thanks
1. Your options are limited to two. One you will have to bear these pains lifelong which though ensure no case is filed against you.
2. Two, be a man , get separated from her and file divorce suit. It's likely to be followed by litany of cases but once you take bail which is nowadays allowed in routine manner then nothinv will remain in that case. You are though in both scenario is liable to maintain her , more so , if she doesn't have any means of decent income.
3. So choose accordingly.
Dear Sir,
Family life or family peace is very much crucial for personal or professional life for anyone. From your inputs here, it is quite clear that you are facing mental torture and you are passing through extremely hard conditions. In this situation, first of all it is suggested that you be mentally strong and gather mental courage to deal the situation. You have cared for her and tried your best to save married but things are not working good from her end. Now, you are suggested to be a bit tactful and take some steps to save yourself and create additional proofs to defend you in case she files police complaint. For this send long love and care messages (even using laptop/computer in case of typing difficulty) and bring out that you are on government job and you are not free that much. Please keep in mind that some of the messages may be written which you don't want to write because of her cruelty. Use whatsapp, email or other comfortable means of communication and store a copy of it as proof. Also, try to convince her to come to your place citing the reason that you may not live without her and your transfer not possible in near future. This will also create a proof in all the cases (if they come in future). As a husband, your legal right is that she should stay at your place and you start the case under section 9 of Hindu Marriage Act to call her at your place if she refuses to come. Also, send informatory application to police department regarding her mental torture to you and request that the application be kept in record and you should be given adequate opportunity to defend you, before taking action against you if some complaint is filed by her. Also, keep copy of this letter with you. If you play a bit tactfully, she will not be able to harm you though she may file false cases of domestic violence, dowry demand and maintenance etc., but she may not be successful. You are suggested not to for divorce case at this moment and do as suggested because the said action will save you and will be added proof for divorce case by you and all possible cases by you.
Hello,
if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty but it will take many years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
sending her indore, all alone, was your biggest mistake........... pls don't mind
See based on above given facts there is no cruelty from your side so as such no complaint can be filed.though she can distort facts and may give a false complaint to harass you. It is better you file a police NC stating that wife is intimidating for false cases and harassing you by giving complete facts.
2. You can file a contested divorce on ground of cruelty against her if she agrees at later stage it may be converted to mutual divorce but for now you may file divorce.
First you decide as to whether you want to continue with her or divorce her.
If you want to divorce, you can file petition for divorce under Mental Cruelty. Retain all the medical records of your wife which will come to support your case.
Allegations by her amounts to mental cruelty, if you have recordings of her comments you can use them to support your case.
Coming to her rights, she can file, false and frivolous cases against you and your family viz., Domestic Violence, 498-A, maintenance cases etc.
I will not advise you straightaway file a divorce case. This may irk her and she may bombard with a number of lase and fabricated cases. One thing is clear, she doesn't wants to live with you, or the way you live. Therefore, you must find an indirect solution to the problem. Therefore, I will advise you to file a petition for restitution of conjugal rights. From this point, the way ahead will start getting clearer to you. Take aid of a local lawyer specialising in matrimonial disputes. Always keep one thing in kind, at any time she files a false Police case against you, you will have ample of opportunity to defend yourself.
First of all you collect the evidences of her medical treatment for her erratic behavior.
Let she give a complaint for mental harassment which will not be entertained, but the police can twist the case by adding some other ingredients so that the case becomes stronger.
You can issue a legal notice to her mentioning all her cruel activities against you so far including her mental illness and the treatment she took whereas she still behaves in the same manner, hence you may ask her to agree for mutual consent divorce.
You can stipulate time in it so that if she do not respond for your proposal for mutual consent divorce, you can proceed with the divorce on the grounds of cruelty.
If at all she lodges a criminal complaint against you in retaliation for your legal notice or divorce case, you may first obtain anticipatory bail and then challenge her false case in the trial proceedings on merits.
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If she is not interested to live with, then try to take her consent for mutual divorce.
- However, for mutual divorce separation of one year is mandatory, but as per Supreme Court in Sureshta Devi versus Om Prakash, AIR 1992 SC 1904 case, where it was stated, “The parties may live under the same roof and yet may not be living as husband and wife. The parties should have no desire to perform marital obligations”,
- Hence, even after living under the same roof, you can file a divorce petition as well, because marital relationship/sexual relationship is necessary for living together.
- If, she not agrees for mutual divorce, then you can file a Divorce petition on the above said ground including Cruelty .
- Further, if you will file a divorce petition , then she can lodge complaint against you for lodging FIR in the CWC.
- Further , she can also claim maintenance as well.
- Better try to settle the matter amicably with the help of relatives .l
In case you are able to record any of her statements and collect any other evidence to prove the conduct of your wife, then it will be really helpful for you to prove the mental cruelty being meted out to you and your family. Then you can file a divorce suit taking suitable grounds as mentioned above..
1. Your wife cannot lodge police complaint for mental harassment but if you have committed physical abuse then she can definitely file police complaint.
2. You should file divorce petition on ground of mental and physical cruelty by wife.
3. You should have lodged FiR against your wife when she hit your head on wall. Now it will be difficult to lodge FIR against your wife.
4. Now You can only file divorce if you want to get separated and RCR if you want to bring her back.
5. In counter your wife can file Maintenance and false Domestic violence case against you.
You should file a complaint against her for violence and displaying violent behaviour and for cruelty. Record your conversations with her file a divorce petition. She will file a domestic violence case against you and your family as is the norm.
Seek anticipatory bail. These are the things you have to do in order to get rid of her.
Please suggest me a good divorce lawyer in Indore. Your help would be highly appreciated. Thank you all for your valuable guidance.
Sir I am from Mumbai can give you consultation. I also appear outside Mumbai but don't have any contact for indore lawyer.
You may engage a family court advocate in Indore or you may search it on website here there are number of.good lawyer from Indore.
thanks for your appreciation
don’t know any lawyers in Indore
you can contact any lawyer on this website for consultation
Search this portal.
Hello,
You may choose one of the Kaanoon panelist Lawyers after setting up a consultation.
It's better to make your own choice.
You can find a lawyer of your choice from this forum also who hails from Indore or neighboring towns or you can walk in to a bar association of Indore and find one for yourself.
Pls do net hesitate to get in touch to seek details of a local lawyer in Indore/.
Search kaanoon.com
- You should discuss your matter with the local lawyer yourself , and judge the capability of him.
there are number of lawyers in this website from MP indore having good ratings . you can check their profile on the website and consult.
You can hire a local lawyer or take help of this platform for the same.
Regards
You may search a lawyer on this website or contact someone through your local connections.
You have three options:
1) You can pick-choose one from the Kanoon's site.
2) You can contact the Bar Association of Indore Court after talking to the members you can choose one.
3) You can watch / attend the court proceedings for couple of days, and follow the leading Advocate(s), accordingly, you can after talking to him / her take their services.
You can search for a good advocate from Indore from lawyers section of this site.
Dear Sir,
Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
