File case of criminal defamation against wife and her parents under section 500of IPC
2) withdraw RCR and file for divorce on grounds of mental cruelty
3) file for discharge of parents in DV case in trial court
Cheating
I married a girl whose photo in my cast yuvamela book. i am Btech and She is btech, Mtech more educated then me. i don't know she had affair with 3-4 guys. After marriage she is not fulfill her duties like good wife and asking for fridge, wash aching, story pep. i dont have money so she bring this thing from her enteral home. even she dont takeing intrest in sex with husband, so husband take saxologist counselling and he replied we both is not compatible so we both should went to philologist counselling, i have document to produce that. after 4.5 months of marriage at night, husband checked wife's mobile's light on and she is chatting with someone, so i take her mobile and capture screenshot, and send those screenshot from her whatsapp to husband's WhatsApp. After this incident husband give warning and told wife now your are marriage and someone's wife so you must care reputation of your, my and our family. After this sex chatting issue wife not changes. Husband found coffy bill and asking stricly wife cry and told me you left me from those sexchatting message to i am doing my setting. After 10 days both wife's mother and father with their parents at husband's parents' home anand. Wife's father threaten husband you should never touch my daughter mobile even we are not touching her mobile. yes wife father we are agreed Wife done like husband. then husband father told that then this couple will not go to kashi . after Husband's Mother told that YOUR DAUGHTER INITIATED FOR DIVOICE you should decide if you fight then we can go other other wise we can get divorce in 3 dats, otherwise husband is ready to bring back her at pune. after thet greedy father of wife file 125 in 10 days, 498a,323,506 in 6 month and DV after 2.5 year.wife's father is chess champion in India level so he made my life hell and my lawyer file only section 9 from my side. i thing wife,her father and wife know about her affair but they marriage with me with some planning and after that, wife father ask 5 bhk flat to pune so i can send my wife to pune other wise. transfer current 5bhk home my parental home to my name otherwise cases will remaining till open 25 years(i have recording call), wife asking asking 40 lacs and 20000 in false cases of dv. police, court and i meet advocate they suggests do go for DV quash remove parents name and fight 125, and DV for me i am believing wife and her family cheating with me and the will never spear me until i will ready to pay one time 400000 or 250000 any. till now in 3 year they start some new law remedy against me on every 6 month i am so depress and thinking to not fight false case dv,125 becasue law is with wife and seat in jail because i can do anything against this fraud family?
Asked 2 years ago in Family Law
Religion: Hindu
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7 Answers
You are correct, law is in favor of wife. The best option for you is to negotiate and settle with her for mutual consent divorce. A husband can only file civil cases like RCR or divorce and only against wife. she can file criminal cases under 125 Criminal Procedure Code, 1973, Section 4 & 5 of DP Act, 323, 324, 406, 498A, 506 etc. against husband and his family. Settle with her at the earliest and state a new life with another partner.
You can proceed with your divorce petition if you want to. Let them file false cases if they want to. You can seek divorce on grounds of cruelty in this matter
Firstly it is not possible to send you to jail in the DV case, because it is not a punitive punishment and it is basically for monetary relief only.
Therefore there is no danger for you nor to your parents.
If at all they are very adamant about property and money, you may ask them to continue with their cases through court, which can be challenged on merits.
You can also withdraw the RCR case and file a divorce petition so that she feels the pain of this case and may come for compromise.
You can change the lawyer if the current one do not cooperate or not guiding you properly.
Dear Client,
File an FIR against your wife for a false 498A complaint, you can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife.
Thank You
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.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, if wife is having an extra marital affair; then also husband cannot take legal action against her under any section of the IPC.
- But he can get divorce on the ground of adultery, if he is having sufficient proof /evidence against her acts.
- Further , if wife is living in adultery , then she cannot claim any maintenance from her husband ,
- Further, a wife cannot claim any right over the property of her husband and in-laws during his life time , however she can claim residential right from her husband.
- Since, she has filed cases , then you can proceed to the High court for quash of the cases .
- Hence, the husband can file divorce on the ground of cruelty /adultery and other mentioned grounds.
First of all you need counselling to keep yourself fit enough to fight.
Now from your story, they are after money.
When you deny it then ultimately everything will come to end.
you have to put your foot down and fight until you want to give up.
As per law, she can only get maintenance and residential order.
They will also get frustrated at some time and make mistakes which you can use later.
