Based on your explanation for my case. I'm asking you, if I apply for the divorce because of mental cruelty causing by my wife. Will she and her family accepts my petition.?are there any chances of them, filing any counter cases against me and my family? How much time, the court takes to Sanction me, the decree of divorce, (based on mental cruelty)? Does court asks any evidences, to grant me divorce?(at present, I don't have any evidences, because all her actions are spontaneous and I did not recorded it). At present my family members asked their parents to come and take her back,to their house (because she is not co operating with me, always quarreling, hunger strike, not allowing me to touch her. For this ,what will be their actions could be.now? Will they return her back to me or will they take any action against me and my family?) What counter cases, they can file against me?and if they file, what are the ways to safeguard myself?.
Wife can file false DV / 498 A case against you
2) contested divorce proceedings take 5 years to be disposed of
3) you have to prove allegations made in divorce case
4) if false dowry harassment case is filed apply for and obtain bail
5) in DV case there is no arrest
1. See after you file divorce the copy of your petition shall be served upon your wife and she will file a reply to same.
2. The contested divorce on ground of cruelty may take 2-3 years to complete.
3. The court may consider your examination in chief along with corroborative evidence for divorce.
4. They may file a police complaint or may file a petition for restitution of conjugal rights.
They may file Sec.125 (claiming maintenance),Sec.9(restitution of conjugal right),Sec.498 and many other but why to worry fight and it takes about one year to complete the proceedings before the court if all goes well but may be more.When case will proceed all the evidences and papers have to be taken by the court and other steps as required in the procedure.
1. Without strong evidence of the purported act of mental cruelty, your filing for divorce based on this may not yield the desired result.
2. Likely that, when once you file for Divorce based on your wife's cruelty, she may likely to file 498 A, Domestic Violence Act, maintenance, etc against you and your family.
3. The contested divorce will take atleast 1 to 1.5 years to conclude.
4. If they file 498 A and/or DV case against you and your family members, obtain Anticipatory Bail for you and your family.
5. To prevent all of these, convince your wife to agree for Mutual Consent Divorce, which saves you time and money and all the disputes/differences can be mutually resolved.
- Yes, if you apply for divorce on mental cruelty , then court will issue notice to her , and she will surely appear before the court , otherwise court will pass order in your favour in her absence.
- Further , if her nature is harassing you , then certainly she will file counter cases against you , and your family.
- If she will contest the case filed by you , then court will grant decree maximum within the period of 3 to 6 months, and if she will contest the same then it may take 2 to 4 years .
- Yes , court will examine both of your , and the evidences produced by you and her.
- If your family members sent her to her parental home , then she will start legal action against you and family members.
- She may file Maintenance case , Domestic Violence and will try to lodge FIR under section 498 A.
- If she goes to her parental home , then you can lodge a complaint /information that she has left matrimonial home without any reasons with the threaten to implicate you and your family members in false cases.
1. if you file a contested divorce on the grounds of mental cruelty your wife may file/claim:
498a complaint
Domestic Violence case
maintenance,
2. a contested divorce case usually take a time span of 4-5 years to its disposal,
3.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 to avoid/reduce future legal complications,
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.
4. you can also 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.
There is no necessity that your wife has to accept all your allegation made in the petition for divorce.
Her mentality cannot be predicted about filing counter or false cases against you as a retaliation to your divorce case.
The time take for disposal of divorce case may be three years or more.
It becomes your burden to prove your allegations.
They may indulge into false criminal complaints to avenge your actions.
They may file DV case, maintenance case, criminal complaint under section 498a, 3 and 4 of DP act act, 406 IPC etc.
Any divorce petition which is an contested ground will definitely be contested by the other party as in your case your divorce petition is based on the cruelty by the wife it is their responsibility to accept the petition which is to be sent by the court and they have to contest in case there is any claim.
Of course in the partition you will have to provide the detail of cruelty through evidences only by writing in the petition will not be allowed in the court
You can file divorce case against her. She may file false Domestic violence case or RCR case against you to get you back. She can also file maintenance cases and dowry cases along with 498A IPC
Yes she can file Domestic violence and 498/a case against you.
it usually takes 36-60 months. In case of a contested divorce.
Audio and video evidence are the best evidence and it is broadly admitted by the court. You can also strengthen your case with witness's testimonies.
She can object to divorce or can file counter case - divorce on her grounds. And in counter, she can file false DV and dowry demand cases.
Divorce case takes long time.Certainly you have prove your allegations with evidence. Mere allegation of cruelty not acceptable.
For this ,what will be their actions could be.now? - If they are supportive her daughters, than they may file false case of DV against you and family.
100% they will file counter cases.
First convince them for mutual consent divorce than go for it.
If they don't approve mutual consent than you have to face all the cases and it would take around 3 4 5 years approx to get divorced
1. Yes your wife can file counter cases like DV and maintenance.
2. Court is there to judge the case of mental cruelty even without evidence by behaviour of parties.
3. Court will rely on both your statements and witness you produce before court to prove mental cruelty by wife.
Dear Sir/Madam,
It is suggested that in case of filing any petition by you, it is quite possible that wife will contest the case and will file the other counter cases as well. The time line for decision of the case may be 02 years or more depending on the witnesses etc. The counter cases by her may be of Domestic violence, divorce, dowry demand etc.
if you file a divorce petition she will file a domestic violence case against you and your family. Also cruelty criminal intimidation.
This is usually what happens.
Evidence has to be produced before the court. It may take around 2 years.
Take anticipatory bail if they file an fir.
