• Wife threatening for divorce

I got married in Dec 2009 and it was love cum arrange we both are from same town moradabad.i was doing well in my job in gurgaon then she started coming very regular to my house in search of job. finally she got a job ina dometic airline as an airhostess and started staying with me (live in relationship). My family objected thet we should get married and then we got married, in the begining for one year everything was fine then  later she started avoiding me not behaving properly, argueing on everything and in the mean while even i was also strugling with my job she once even concieved but she aborted saying she is nt ready her body will spoil.And the whole day and night she was always busy on facebook and whatsapp and whenever i used to ask to stop all this she use to fight, then in may 2013 she got herself a job in saudi airlines as airhostess and moved to Jeddah saying she has to go for training which is of 6 months.She was in touch via phone calls and messages and skype only for 4-5 months then she totally disconnected herself from me.She moved back to Delhi via a company transfer and started living all of her alone and starts messaging me that she does not love me anymore and she wants a mutual divorce. i denied because there was no reason than finally this month she gave a written camplain (not an FIR)against me in police station that  i mentally torture her and she does not feel safe with me.Now this police guy is calling me and asking me reply to the complain but not giving me the copy of complain. Can i get the copy through RTI. Please suggest
Asked 2 years ago in Family Law from Gurgaon, Haryana
Religion: Christian
It appears that your marriage is heading towards an irretrievable stage or it has already reached there. In the circumstances stated by you if you try to salvage it, you would be invoved in further troubles.  you are young and have a future before you. Your wife has proposed divorce, agree it on your terms and after getting divorce settle in life with other partner.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
When a marriage has broken down irretrievably it is in the interest of both the spouses that they should divorce. If you deny mutual divorce to her then a legal battle would ensue between you and her. 

As regards the complaint filed by her, you have every right to get a copy of through RTI. RTI can be resorted to if cops refuse to supply to you a copy of the complaint. If complaint is converted in to a FIR then apply for anticipatory bail to thwart the possibility of you being arrested.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
If she needs divorce it is better you give her. File a joint petition and get divorced within 6 months but if you want to continue file a complaint of threat and harassment in police station. Ask through a lawyer the complaint copy file.invove elderly person and arrange a talk and see .you call me for further doubts
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
If your wife's complaint is treated as an FIR then you can get it from the court and must apply for anticipatory bail.Otherwise you can demand to the S.P of Police of your District or file an application u/sec.5 of the RTI Act .You should better to file a suit for Mutual Consent Divorce as your wife is agreed and serve a copy of this petition to the police authority.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1) your wife has made it clear that she does not want to stay with you . if she has suggested divorce agree for divorce by mutual consent . 

2) if you refuse she will keep on harassing by foisting false cases on you . 

3) file an RTI application to obtain copy of complaint filed by your wife . in the event FIR is registered apply for Anticipiatory bail
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Dear Querist
Yes, you can get the complaint copy after filing RTI application before PIO of That Police Station.
try to settle the matter amicably, it will be better, if she is not ready to live with your then it will be better to accept her demand of Mutual consent divorce and filed the same.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hello,
You have every right to obtain a copy of the complaint filed by her .If the police refuses to provide it you can obtain it by filing a petition under RTI Act.

As far as your marriage is concerned on basis of your description of how things stand, it is advisable that you agree for a Mutually Consented Divorce.

The advantages at this stage for you would be :
1.Get her to agree to withdraw the police complaint immediately.
2. Talk terms such as no alimony/maintenance as she if financially independent and has made the first move .
3.You can obtain divorce in 6 month's time and start life anew.
All the best.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi, if she filed a complaint against you then you get the copy of the FIR in the police station   by filling application under RTI or contact any local advocate you can also obtain a copy in the court also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Your marriage has irretrievably broken and she has already told you that she does not love you any more for which she wants MCD,

2. What is the reason for your refusing to agree for MCD & carry on with this dead relationship eternally?

3. Agree for her proposal for MCD and get rid of her and all the cases filed by he,

4. For getting to know what she has complained, you can take the RTI route.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
Try it for reconciliation by mediation. after all she is still your wife. Both of you are facing self ego, It is in your hand how to remove ego and provide luxurious life. You may be right and freedom at your end but you can not stop others freedom and right. You have written "whole day and night she was always busy on facebook and whatsapp and whenever i used to ask to stop all this she use to fight", think it over again why this situation arose. You are working and you have not engaged your lovely wife with you. If you are interested in happy conjugal life keep left all those past and try it again by mediation. Otherwise you will face great loss along with financial loss. Under mutual divorce certainly you have to pay permanent alimony. Otherwise we are here to contest on your behalf till the end.
Arvind Kumar
Advocate, Allahabad
2 Answers
0 Consultations
5.0 on 5.0
As per your facts, it seems that your wife has clearly communicated that she is not willing to stay with you.  So in that case you would have to seek divorce. Assuming you are an Hindu, you will be governed by Hindu Marriage Act 1955. Hence we suggest you to file Mutual COnsent Divorce under Section 13 B.Mutual consent divorce can be filed when both the parties agree  to end the marriage on the mutual terms and condition and  only after they have lived apart for at least a year . So you have have to agree of terms and condition such as alimony if she desires.
So it is suggested that you both sit and agree mutually the terms and condition
With respect to your second query,yes, you can get the complaint copy after filing RTI application before PIO of That Police Station.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Assuming your anguish in this regard, that laws relating to matrimony are woman centric and when case was filed by any woman institutions become protectors of them, if  wrong doing could be done by them. So, better think twice before venturing into any legal huddles.
Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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