Hi, I have been married for 11 years. Recently my relationship with my wife and in-laws got strained due to some severe misbehaviour from their end. There was an incident, in which, in reality we were the victims of verbal abuse, but they are now twisting the incident with a false narrative including an allegation that I physically abused by father in law (when in fact nothing like that ever happened. No question of physical, nothing even close to that happened). My wife threatened me saying, if you divorce me I will take some drastic step like consuming poison or something. I am mentally very disturbed, we are simple people and are worried that my wife and inlaws may implicate me and my parents in false cases or even attempt to do something drastic and then put the blame on us. There have been no major incidents or even arguments in these 11 years of marriage. There was no dowry involved, we never wanted, never asked and never gave any indication of that sort. From what I hear and understand that law tends to favour the women in such cases. i want advice with regards to below, 1. in case there is a probability of my wife putting forward false cases of police complaints, is there a way to counter this. 2. from what it seems, there may be resistance of wife to divorce or make some unruly demands. how to counter this 3. I have kids 5 and 9. Ideally would want custody of both my children. 4. What are the legal steps that I should take now to safeguard myself and family from false cases/ complaints or any legal hassels later.
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In case false case of dowry harassment is filed police would issue you notice to record your statement
2) you can apply for and obtain anticipatory bail from sessions court
3) you can file for divorce on grounds of mental cruelty
4)you would not get sole custody of your children
5) you can claim visitation rights
6) file NC with local police station regarding abusive behaviour of wife and her parents
1. If you have done anything wrong, you need not fear any false cases being filed against you.
2. Better opt for divorce by mutual consent, after negotiating the terms with your wife.
3. No, you cannot have custody of both children. Better to opt for one.
4. If there is any threat of arrest, you may move for advance bail.
My wife is threatening with suicide in case I sought divorce with her. I have a recording where she is clearly saying this. 1. can I use this recording now before initiating divorce in any way to safeguard myself and family from any future trouble. 2. in case we proceed with divorce and she makes a false suicide attempt just to create problems for me or my family, would this recording be of any help? i do not trust my wife and inlaws any more, they are really twisted people and can concoct anything and go to any extend in terms of lying and deceiving people.
File NC with local police station against wife threats to commit suicide
2) audio recordings are admissible in evidence
3) you can file for divorce on grounds of mental cruelty
1. You have stated that the marriage is over 11 years, hence the false cases of dowry harassment at this stage may not be very effective, even if she gives a complaint, the police may be reluctant to entertain without any pressure from their top officers.
Despite that, if the police registers FIR you may better obtain anticipatory baiol and challenge her false cases properly in the trial proceedings to get her case dismissed.
2. If you have decided to file divorce case, what difference it will make for you in the contested divorce case even if she resists?
You are going to prosecute the case on the basis of the facts and issues that you rely upon in the proposed divorce case, hence do not hesitate for such reasons, you can proceed if you are determined.
3. You can file a child custody case also simultaneously.
4. You can appear before police in case you are summoned on the basis of her complaint and give a statement that you have not done anything as mentioned by her in her complaint and this is a false complaint, done with an intention to trouble and torture you.
After that also if the police is registering FIR, you may obtain AB and challenge her false cases properly during trial proceedings.
1. In the event of they giving a false complaint with the police then you may show the audio recordings tot he police to defend your interests.
2. Suicidal threats are nothing but an act of cruelty done by her against you besides other acts of cruelty, i.e., mental tortures and intimidation.
But this will not stop you from filing divorce case, if you propose to file one.
You can mention the same thing as one of the reasons for asking for dissolution of your marriage with her in the divorce case.
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1. No need to use the recording now.
2. It may not be of much help in the divorce hearings.
Dear client,
1. Yes, you can do this to safeguard yourself
2. Yes, it may be considered as a history of her behaviour
Thank you.
1. File complain that she may file false cases.
2. Contest the case when filed
3 file custody petition in family court
4. If FIR filed against you take anticipatory bail from court
