• Torture from wife

Dear sir, my marrage have completed 2 years.  Initallily I was job less becoze I left the last company before marrage . After marrage I decided to do my own business with a my frnd. Few week later partner quit the partnership. So I got some amount form my law for help purpose. But after that my wife started abusing my mom and me every day she did fight in my house. In this mean time me and one of my female satff went to mandir faraway from my city we  stayed there and after that my got to onow this she collected the hotel receipt  etc. But we didnt do any sex there. After that every day she make my life hell and gives me demki for society and police. Let me know what should I do I want to end this marrage my father was passed when I was studying I am only earner of my house. My mom is very stressfull I dont want to hurt her. Plz let me know what should I dora
Asked 1 year ago in Family Law from Jaipur, Rajasthan
Religion: Hindu
1) record your wife constant abuses 

2) file for divorce on grounds of mental cruelty 

3) your wife may file domestic violence 498A  case against you in response 

4) in case wife files 498A case obtain Anticipatory bail from sessions court 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1) when you are abused by your wife and her family members you must on your mobile phone record the threats received 

2) all repayments should be by cheque only so that tomorrow in case of dispute they dont deny repayment of loan amount 

3) even if wife files 498A case you can get AB . 80 %of 498A cases are false 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Hello,
1) You can file for divorce on the grounds of cruelty by your wife. You will need to narrate all incidents of mental cruelty and be ready to prove them.

2) You will be liable to return all the money you borrowed from your in laws and all jewelry and the stridhan of your wife.

3) The fact that she has the copies of the hotel receipts is an unfavorable fact. You need to be prepared to establish anything to the contrary.

4) The best is to get her to agree for a divorce by mutual consent. Of she agrees you can negotiate and settle the dispute including financial settlement.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. If you did not have s*x in the room of the hotel, what did you do there?

2. Did you spend the night together praying or discussing about god?

3. The Court may ask you these questions if the matter arises before the Court,

4. You can be charged on to counts i.e. dowry harassment (if she files a 498A case and also for having extra marital physical relationship and there are ingredients to prove both the charges,

5. So, try to settle the matter amicably with your wife,

6. Negotiate with her for mutual consent divorce,

7. If she does not agree, file a divorce case on the ground of cruelty keeping in mind that there is a high risk of her counter allegation of dowry harassment and extra marital relationship. 
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. You have certain weak points  as have been detailed in my earlier post,

2. So, you can not go extra board to go against your wife and her family members at this stage,

3. Collect evidence of their misbehaviour with you by audio recording, 

4. File a divorce suit  after some time against her on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
You want to solve the problem with your wife or with the female with whom you had extramarital relationship?
With your wife, it is natural that these days wives create hell a lot of problem to the husbands and their parents etc. So that issue has to be solved legally only.
The other issue, she is just giving a threat, let she go to the police, you may obtain AB and give her the taste of law by challenging her false claims.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. If you want to end the marriage then the only way to do it is by filing for divorce on the basis of cruelty. Making false allegations against spouse is cruelty, which can be the foundation of divorce proceedings.

2. You can apply for anticipatory bail to obviate the possibility of your and your family members' arrest. Police cannot lay its hands on you once you have been granted bail by the court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Hi sir, you have to give police complaint against your wife about her harassment on you and on your mother, it is the evidence of your side, it will be very helpful to you if your wife has filed false case on you and on your mother. You should records her fight in your mobile phone without her knowledge, the said evidence is very helpful to your divorce case if you have to be file in future.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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