I am married for an year now and my wife right from the beginning wants me to go seperate from my parents and in this regard her parents / family are supporting. She has all false arguments / stories against my mother to show the public in order to achieve her goal. My sister who is married to my wife's cousin brother also supports my wife's family and is against us. I wanted to what are the legal consequences I and my parents might face and how to get out of these incase my wife files severe criminal offences such as 498A, 3 and 4 DP act, etc. I would like to the anticipatory bail chances and permanent solution to come out of this mess and get separated from her. I stay in Bangalore with my parents/brother.
Appreciate quicker response.. very much in a need. Thank very much!!
Thanks and Regards,
Asked 4 years ago in Family Law from Bangalore, Karnataka
1) inorder to save your marriage stay in rented flat near your parents . once you do so your wife will have no cause of complaint and your parents will also be free of mental tension caused by your wife .
2) in case FIR is lodged against you and your family members file for Anticipatory bail .
3) advisable to visit a family counsellor to save your marriage . dont take decision of divorce in haste
First of all do not worry every problem has a solution,for proper advise ,kindly give complete details
Advocate, New Delhi
you have to sort out problem amicably or approach court. for correct advice furnish all details of your problems
Advocate, Greater Noida
You have two options
1) Opting for mutual consent divorce
2) Reconciling the difference.
To achieve either of the goal you have to approach her or her family and start discussion with them about the possible permanent solution. Do not waste time assuming what she may do.
1. In the event your wife files a false criminal charge against you immediately take anticipatory bail to obviate the possibility of your arrest. Half the legal battle is won the moment bail is obtained.
2. The permanent solution lies in applying for divorce. A marriage reaches a point of no return when either spouse brings a legal action founded on false allegations against his/her spouse. It vitiates the base of marriage. If she does not agree to joint divorce by mutual consent then you may unilaterally apply for divorce to court.
Thank you all for the feedback!
I just wanted to provide some more details here..
According to my experience about my wife, she seems to have married me with an intention to go apart from my parents after marriage whereas I had clearly mentioned about my status/situation/family environment , etc to her before marriage and she agreed to it that time. Now the major problem is my sister and her husband are fully supporting her since they are close family members to girls family. My sister's husband's father and my wife's father are brothers and their family's are fully supporting and powerful at this situation.
Well, What I am worried about is the possible non-bailable / bailable offences she/her family may target on me / my family so that I am totally aware of incoming consequences and can be prepared in advance. I think few of the offences like 3 and 4 DP act are severe and non bailable ?? So legal IPC sections like these are my big concerns where I need to be totally prepared..what are the possible non-bailable sections which may be a threat over in my situation and how to be prepared ? Also, INCASE if I have to file for anticipatory bail How do I go for it..if possible,please provide the anticipatory bail details and its validity in months after its availed and any other solutions which could help to get out of this critical situation.
Again thank you!
Asked 4 years ago
Few more things.. I and my family have decided to go for divorce since my wife has no interest over my living style / home environment and she's been continuously expecting and forcing me to change completely and go apart.. I am totally against this since I have many responsibilities from a personal point as being a elder son... say eg: own house, brother's marriage , looking after parents , etc.. and she has no care for any of above or her parents.
To summarize, I just feel she needs to live her life style her way and me on mine when ways show apart instead of bad situation regularly....
Asked 4 years ago
1) you need to contact a local lawyer .
2) once FIR is lodged you have to apply for Anticipatory Bail for your self and other family members named in FIR .
3) in addition to 498A your wife may file case of Domestic violence against you and your parents .
4) you have to fight all cases on merits
for filing divorce petition you need to contact a local lawyer .please note that contested divorce petitions take around 5 to 10 years to be disposed of
1. Anticipatory bail will have to be file din the local court as soon as the case is registered against you. Any delay in applying for bail might result in your arrest.
2. Contact a lawyer and engage him in advance so as to be ready to apply for bail as and when required.
If you want divorce then file for divorce on the ground of cruelty.