• When can wife file domestic violence case

I got married on 17 Oct 2014 and lived my wife just 20 days then went back to my work on Saudi.After that came to know that my wife had an affair before marriage. I told her past is history I don't have any problem with your past but don't accept any direct or indirect contact with him.You must not be in his contact but she ignored me and was in his regular contact .Now she want divorce and also threatened that if will not give divorce then she will file case of domestic violence. Till March 2015 she was with my mother then she came to Pune at her parents home .I am not interested in divorce .But she is not at all ready for anything except divorce. In May I informed to her family about her relation .Then his brother went to her boy friend Ravi Yadav home and threatened to his family .After that my wife started behaving violently then I shifted her to Mumbai to my sister home .Then back to Pune her boy friend came to her house and beaten to her brother .After that they filed attempt to murder case upon him.After hearing this again she became violent and had agreement with family to take back case and will never ever will be in contact .So her family had compromise in court and he got released but still they were in contact .Now she want divorce and I think she will get marry with him only .
Kindly tell me what option I am having .
Can she file case of divorce and domestic violence from Pune .
Asked 12 months ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Muslim
As per your question : if you will not give divorce then she may file 498a case with you and your family member and also file Domestic violence Act , D.P 3 & 4 act ,r/w 34 ipc , it is better that her conduct and character is not good , you insist her to take Khula and you make MOU binding her not to file any criminal case and domestic violence case and maintenance case against you and your family and you proceed with the khula Mou is important you can show if at all she file the criminal cases against you in future . in MOU you take the witnesses of your father in Law with thumb impression and sing .
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
1) it is in your interest to agree for divorce by mutual consent as per Muslim personal law . 

2) in Muslim law if wife wants divorce  Islam allows her to separate from husband  by means of khula

3) wife can file domestic violence case from Pune if she is residing in Pune 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
I don't think it's wise or safe to continue this marriage anymore when your wife is still in relationship with her boyfriend.
Since she is willing get mutual divorce with her. Else to get the same she may file criminal cases to put pressure.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Yes she can. It will be better to divorcé her and live your life peacefully otherwise ready to fight the legal bettle
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Why do you want to file cases against them? Litigation is very painful it will be better to settled the matter amicably. If the matter is for revenge, ego and rights then you may fight the legal battle.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) divorce your wife and move on in life 

2) if you file any case against your in laws family they may file counter case against you 

3) you will end up spending money on litigation . 

4) case  may go on for years 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hello,
1) Yes, she can file a petition seeking divorce and DV case as well from Pune where she is currently residing.She would however find it difficult to substantiate her claims. You need to defend the cases if she files them on the merits of the cases.

2) You being a Muslim, your best option is to give her talaq as there is no reason why you persuade her to live with you as evident from all circumstances and all the incidents that transpired so far.

S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
If she wants divorce then give her divorce. You can also unilaterally file for divorce on the ground of her adultery which, if proved, will repel her claim to alimony and financial support. She is free to file domestic violence and dowry cases against you which you can contest in defence. After mutual divorce she cannot file any case against you.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
You also cannot file a case against her or her family after divorce. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
When you came to know about her extra marital relationship with a third person, you cold have asked her option to continue with this life with you or to get separated from you, this would have save your prestige as well as humiliations. Instead, despite she asking for divorce you remained adamant about not to give divorce to her, the reasons you only know it better. 
In my opinion, even now it is not late, to avoid further insults and humiliations, it would be better to give your consent for mutual divorce to her and snap all your ties with her. If you are not doing this, you will end up with never ending problems. Even if you dont give your consent for mutual divorce, she can file a divorce case along with other criminal cases, also no law can force her to live with you against her wishes. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. Practically speaking, you can not keep an unwilling wife with you and also can not raise your family with her when she desperately wants to be with some one else,

2. She can of course file all sorts of cases against you like 498A, DV case with you and can make your life miserable, financially, mentally and socially,    

3.So, it will be prudent on your part to go for mutual consent divorce without paying her any maintenance/compensation and start your life afresh.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Yes, it is clear that your inlaws had hidden the vital fact from you about her said affair,

2. Get the MCD decree granted and after that you can file a cheating case against your inlaws.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) Just obtain divorce by mutual consent no need to mention about her extramarital affair as reason for divorce 

2) if you refuse she may fle false cases against you to harass you 

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
The mutual consent divorce as per Muslim personal law can be done in the Mosque in the presence of Mulla or any chief person of the mosque. 
Khula (divorce at the request of wife)and Mubaraat (dissolution of marriage by agreement).are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent.
There is nothing wrong in mentioning the reason for mutual consent divorce in the affidavit for divorce (if any made).
There is no format for this, the mosque will give a certificate that the marriage between them has been dissolved on either of the above form.  No reason for divorce shall be mentioned in the certificate.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. No. Do not try that subject now since in that case she will not sign the MCD petition,

2. Just get the decree of divorce peacefully and get rid of her,

3. You have enough evidence of her having post marriage affair from the attempt the murder case filed by your BIL and also his act of beating your wife's paramour,

4. After getting divorced, file a cheating case as suggested in m earlier post. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
She wont agree to MCD if you say that you want to incorporate this in the draft as this will be a declaration of guilt. The petition will be drafted by your lawyer. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0