• Adultery

I am married but there's constant dispute and lack of intimacy. We have two children. I was constantly ignored and my wife even had a relationship with someone but I have no physical evidence of the same to file for divorce. I am in an extra marital relationship with my colleague. I wish to spend the rest of my life with her. I have tried to ask for a mutual divorce but in vain. Yesterday my wife's family filed a dowry case against me and my mother. They also bribed the police to torture us. What can I do in this situation? I donot wish to live with her
Asked 3 years ago in Family Law
Religion: Sikh

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9 Answers

If a FIR has been registered by police, you first get enlarged in bail by applying for anticipatory bail and after that you can challenge the false case properly in the trial proceedings.

If you don't want to continue this marriage with her anymore then you can file a contested divorce case against her on the grounds of cruelty.

You can vent out your grievances from beginning in the chronological order in your pleadings in the divorce case and wherever possible you attach the documentary evidences to strengthen your case.

If you are in relationship with another person, don't rush to marry her before this marriage is dissolved by a decree of divorce through court of law.

You can continue your relationship, it is not an offence 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

The statements made orally or in writing including such papers obtained forcefully from you in the police station is not valid in court of law. 

Your wife cannot enforce such undertakings got through police to get your property transferred to her name. 

The police are trying to put pressure on you abusing their position and power. 

You can give a complaint about the police excess to the higher police officer or file a private complaint with judicial magistrate court under section  200 cr.p.c against the police seeking protection and restraint order against police or file a petition under section 482 cr.p.c before high court against concerned police to direct them to not to harass. 

Your relationship with another person is not a criminal offense and she cannot be summoned to police station for any reason. 

If the police is still indulging in such illegal activities against her then she can give a complaint against the concerned police before state human rights commission for taking legal action against the police for violation of human rights and other atrocities done by police against her 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Apply for and obtain anticipatory bail from sessions court 

 

if you have been tortured file complaint against the police officers before commissioner of police 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

 

You are not bound to transfer your property to your wife 

 

you have done it under coercion and not binding upon you 

 

you are at liberty to file case against your wife 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Contest the case without any fear. Beside that file a petition for divorce against your wife. 

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

Dear client,  I am Approval to hear that. In this case you can file a divorce petition before the court or try to amicably resolve the issue. 

Moreover,  the validity of that documents taht you signed is null as it was signed without your consent. 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

1. First of all you shall have to contest the case filed by her family wherein she has  deposed.

 

2. If you can win the case, then you can file the Divorce Suit on the ground of cruelty since filing of false dowry harassment case is also considered as an act of cruelty.

 

3. Before that if you can obtain evidence of her cruel acts against you, then al;so you can file the divorce suit.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Your female friend has nothing to do with the case filed by your wife. However, let her not come in to the picture at this stage.

 

2. If someone has forcefully got some thing signed by you against your will, then you should immediately lodge a police complaint to our local police station or its superior office which can be lodged by sending the letter by speed post and collecting the track report after few days.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You can take anticipatory bail and then file a contested divorce on grounds of cruelty and adultery. 

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

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