- As per law, 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.
- Further, Supreme Court in the matter of K.Srinivas vs K.Sunita (2014) 16 SCC 34. held that if a false criminal complaint is preferred by either spouse it would undoubtedly constitute matrimonial cruelty and would entitle the other spouse to claim a divorce
- Hence for making your case stronger and to teach her a lesson , you and your family can file the following cases under the sections of the Indian Penal Code:
1 .under Section 120 B- Punishment for criminal conspiracy in which you can allege the conspiratorial nature of your wife's complaint
2. under Section 182- Since the police is not following the Supreme court direction , and without verifying the genuineness of her complaints , threatening and force you to appear before the them , hence it is clear that the police, in this case, is acting on false information and using his lawful power to cause harm to you, so the police is also accused for the same.
3. Section 191- Under this section, any person who gives false evidence to the Court or to the police is liable to be charged for giving false evidence, which if proven, can dismiss the whole case filed by her.
4. Section 500: You or your family members can file a defamation suit against your wife on the ground of that , due to her multiple filing of complaint , it has created a bad name for you in the society at large.
- Hence, you can lodge complaint for the said harassment and mental cruelty before the senior police officer .
- If no response, you can file a criminal complaint before the magistrate as well.
- Further the ways she has adopted against you are amount to cruelty , and hence you can file a divorce petition on the ground of cruelty and above mentioned ground as well.
- Further, without a notice from the police official , you are not bond to appear before them legally.
- For getting custody of child , you can approach the court .