1. I married Feb 2019 ... My wife goes to her parents house june 2019 ... And she complaint dowry and law and order police... Then she compromise with me after one month she go to her parents house ... Then delivered boy child she not informed me ... Then i applied divorce under 13 i a ... Actually court first hearing 11.1.2021 , she filed for 498 a , 4 dp , 506 a, etc on 10.1.2021 ... 2. Then i have applied ab bail my hole family ... Social justice department enquiry running ... She filed vakalat only in divorce , my lawyer set ex parte evidence ... Now she threatened me via relatives 1 domestic violence also she file after few months 2 maintenance also she file after few months Give advice to me ... What to do ... Sir
A domestic violence case must be filed against her and her relatives through your mother and sister.
Defend yourself in various cases filed by her.
Expedite the divorce proceedings and engage a good lawyer.
File a criminal complaint against her and her relatives for threatening and intimidation.
Obtain anticipatory bail feom the court for all the relatives.
- You already filed Divorce. You already have lawyer.
- You already applied AB.
- She already filed Criminal case. This will come only after chargesheet now. So you have to defend it afterwards. You can use previous compromise.
- She can file DV case in which she can ask for maintenance and separate residence. She will get it if she is not working or income difference is huge.
- You have to pay maintenance for the child.
You don't have any other option to contest the case on merits. If the case is bogus on facts go for quashing of the same before HC
If she has filed multiple cases against you then you challenge all of them properly in the trial proceedings on the basis of merits in your side.
If she has filed vakalatnama then you may not be able to file exparte evidence
The court will set aside the exparte order and it may bring the divorce case for trial.
1. Let her file domestic violence case if she so desires. You may contest it fittingly. In a DV case there is no jail unless the protection order passed by the magistrate is breached by husband or his family members.
2. Maintenance case can also be contested by you.
3. You cannot stop her from filing a case.
You should contest false cases filed by wife
2) if wife is not working she is entitled to maintenance
3) in 498A case you have already applied for bail
4) wait for filing of charge sheet
5) then based on legal advice file for quashing in HC
You family will get ab. Supreme Court in Rajesh Sharma vs. State of u.p. issued direction not to arrest family members and give immediate bail to husband. Ask your Advocate to refer to Rajesh Shamra’s case. Engage a senior Advocate and fight case. But it is better to settle matter out of court, as trial by Court is itself a punishment. You will be wasting lot of money, time, peace of mind and energy in Court it will run for long time.
1. The cases have been filed already.
2. You shall have to pursue/contest the cases carefully and fittingly.
Dear Sir,
Approach the High Court changeling all her all false cases and try to get stay then get quash the same. she stayed with you only for short period as such you have merited case.
Dear Sir,
1) If she has filed false case, and you have applied for anticipatory bail, you will have to wait for the charge sheet to be filed and then move to hc for quashing of the FIR.
2) You will have to contest all the cases she has filed against you.
3) As you have already filed for divorce, but she has filed vakalatnama, then the court might set aside exparte evidence.
4) If she is not working she can ask for maintenance.
Thank you
1. Looks like both of you have files cases against each other.
2. in that circumstances only the court would end the dispute.
3. Till then contest the cases on merit.
Good luck.
- 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.
1. Yes, out of the above cases, she can also file maintenance and DV cases as well.
- You can submit your reply after receiving the summon of the said cases .
- Further , if she is not earning , then she can claim maintenance from you and also residential right under the provision of DV act.
You can contact me , if detailed suggestion needed.
Best is a compromise, is to somehow convince for a mutual divorce.
If option given above is not possible, continue pressing your divorce rigorously; and seek bail in the 498a case that she has filed against you and your family.
