I, married on 28.11.2014.
There is continuous problem in our marriage, from last 5 month we started living separate from mom & dad. Now she is telling that she will commit suicide if I go to meet my mom dad, i called her parents and send her at her mom's place for few days.
Please advice how to start divorce procedure. Also if there is any way so that I can protect my family from any wrong case of dowry, or harressment.
Please let me know some good lawyer at Dombivli kalyan for divourse and to avoid wrong case.
Asked 2 years ago in Family Law from Kalyan Dombivali, Maharashtra
1) your wife cannot stop you from meeting your parents
2) record all her threats
3)place it on record wife threats to commit suicide if you meet your parents
4) file fir divorce on grounds of mental cruelty
5) if wife files 498A case obtain AB from sessions court
6) consult a local lawyer
1. Collect evidence of her such threats by audio/video recording her such demands,
2. Lodge a police complaint about her such threats,
3. File divorce suit when she stays at her parent's place,
4. Never stay at your parent's house now to ensure that she does not get the chance to enter in to your parent;s house and refuse to leave claiming that it is her matrimonial house,
5. She might take retaliatory measures by filing 498A and DV cases which you shall have to contest fittingly on merits.
You can file a criminal complaint for criminal intimidation against her for suicide threats. To file for divorce you just need to engage a lawyer. Check this portal for lawyers in your part of country. If a false case for dowry is filed then immediately apply for anticipatory bail.
First of all send an information cum complaint to higher authorities regarding her behaviour and threat to commit suicide.
File a divorce case before family court under section 13(1)(ia) of Hindu Marriage Act1955 based on cruelty.
If she filed any dowry case after your divorce case then it can be consider as counter blast case and hercase will be weak.
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Advocate, New Delhi
If she constantly threatens you to commit suicide, this is a mental torture and act of cruelty min the eyes of law.
You can file a divorce petition on the grounds of cruelty.
If she retaliates with 498a criminal cases, you may fir obtain AB for yourself and other family members at your home and challenge her false case properly in the court accordingly.