• Spouse threatens me with false reports of domestic violence

My Name is Vikas from a middle class family, I got married two years back with a middle class girl. As marriage was so quick I had no opportunity to talk to her in details as her parents were in much hurry to get this marriage completed.

From 1st month after marriage she started pressurizing me to get separated from parents but every time I said I can't leave my parents. She said there is much work at home and if we get separated we will live happily.

This discussion continue for a year and we had small fight (not with hands), in between she used to go her home very frequently and will not come back. After a month or two she will call back and order to take her back ( may be she started feeling bore at her parent house). When I went there her parents also put pressure to get separated and it was like shocking for me. because her father was crying to get her daughter marriage to our family (my father is 4th class govt. servant and younger brothers are in their own job or business)

When I denied and girl realized that i am not going to leave my parents alone, she started drama at our home and one day she ran away with all jewelry my parents made for her during marriage. She told her mother is not well so she want to go and live with her ( though she already had 2 sister living with her parents).

After 2 weeks when I called her to come back she refused and said until you will find a separate home for us I will not come back. Later she reached out to family court (Marriage Counseling) where she put case on me, my whole family, my uncle ( mom's brother) that we are beating her and she is not happy to live there. She will only come back when I left my parents alone. After 3 consecutive hearing, court found her guilty and said to her to take all charges back as these are false and you have no rights to ask your husband to get separated from his parents. She started demanding money there itself but family court/counselor said if you need money then go to court. She did not come back and decided to live with her parents

We have 4 months daughter and she left home 10 months back. Even after that As my responsibility (and forced by parents)  I paid her money time to time for medicine and checkups as she never wanted to come home. After child birth she filed a DV case again me and my family, uncle etc. as we received a notice from court (I lost patience by this time) she put false case like We are torturing her for dowry, and because we did not got any dowry we sent her to her parent, she was beaten by all family members etc. I do not understand if she is not living with me/my parents from past 10 months how can she put all false case. Through that notice she demanded 15K as maintenance amount every month and court hearing scheduled for next month.

She mentioned in notice that my father is govt. servant and my younger brothers doing there own job/business so she need 15K as maintenance money every months but my total income itself is 11K, How I can give her 15K. I am from middle class family where we never got engaged in police, court etc. and after this letter everyone is in shock.

Now I lost my patience and surely I can not live with that girl anymore. I am ok to take my child responsibility.
Its me who is getting mentally torture from past 20 months but did not say anything to anyone just to save name and fame of my father and family. From her attitude it looks she will never give me divorce so mutual consent is not any option. Please suggest how to proceed now, how can she demand this much money when I am not earning this amount. How I can get separated from her.
Asked 1 year ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
1) you must produce your income tax returns to show your total income per month is only Rs 11,000 

2) file detailed reply denying her allegations 

3) DV cases take 5 years to be disposed of 

4) you can file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, you have to file a petition for divorce on the ground of mental cruelty as she has treated you at most cruelty and she has filed number of false case before the various courts so it self is sufficient to prove the cruelty.

2. As far as maintenance is concerned there is no hard and fast rule for determining maintenance but when your income it self is 11,000/- she can't claim maintenance of Rs. 15,000/- and you have to contest that case on merits. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. File a petition for Restitution of Conjugal Rights against her and if there is no positive response, use that as the ground for divorce.
2. You can also book a DV case against her for the torture, mental harassment, etc.
3. Since you have mentioned that mutual consent divorce is not an option, go for contested divorce if she does not honour the court order for restitution of conjugal rights.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1. Don't show your desperation to have divorce. The more you would be desperate her claim will become astronomical.
Put a defiant stand. File few counter cases. File contested divorce suit as well.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1. You do not need to be in shock. She has just filed the case, has not succeeded till now. The court is to give to you a fair opportunity of being heard in defence before it passes an order. So relax.

2. Her claim to maintenance can be successfully defeated in the court if you can prove that she is earning on her own, or abandoned her matrimonial home without a reasonable cause.

3. You are at liberty to file for divorce on the ground of mental cruelty against her, which she can contest.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. You have only one option left before you. File a Divorce case against her on the ground of cruelty with all the evidence in support of your allegation. Filing false complaint is also treated as cruelty by  wife/husband,

2. Contest the case already filed by her fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. You can always refuse to take her back. Refusal to take her back on the basis of past tortures is no hindrance on the merit of cases which are pending between you two.
2. If she is unemployed you can not avoid her maintenance which varies from 1/3 to 1/5 of your income which is shown to court.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
1) you can express your inability to stay with her on account of her condition that you stay separate from your parents 

2) yiu will have to pay maintenance for your wife and child 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. First of all ask your mother to file a DV case against your wife,

2. File a divorce case against her,

3. If she wants to stay with you, inform the Court tat you have already filed divorce case. Court can not force you to stay with her after filing divorce case,

4.  Child custody will not be given to you since your child is only 3/4 months old.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Hi, without your consent she can't come back and live with you and court will not direct the same also.

2. She has right to claim  for the maintenance the quantum of maintenance is depending upon discretionary  power of the court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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