Wife giving Threatning to file case aganist me and my parents
From last 2 years my was having an afair with his school mate living in US , she kept on telling me she is talking to her friend ( name some girl) but actually she used to talk to that boy only , after that she started chatting with him day and night , when i objected she started fighting with me , one her chats were caught by my son and she was exposed , before that she also used to threaten me that she will give false complaint ( taurtaring, beating ) to police regarding myself and my parents .
Now a days she is forcing me for divorce which i dont want because i have two small kids ( 14 yrs and 5 yrs old) . She is also demanding to name one of my flat in her name else she is threatning to file police complain and complain in women cell .
Just FYI : I had all her chating pictures , call details , threatning call details etc .
Asked in Family Law from Gurgaon, Haryana
1) file complaint of adultery against her lover
2) file for divorce on grounds of mental cruelty and adultery
3) refuse to bow down to black mail tactics .
4) wife who is guilty of adultery is not entitled to maintenance .
5) if wife agrees for mutual consent divorce without any demands accpet her offer
6) sell off property standing in your name
You should not budge to her pressures.
You can take precautions by taking AB in cse she is approaching police with false cases.
If she is coming out with DV cases, you can challenge them properly.
If she is going beyond control at one point, you may file a divorce case or judicial separation case against her and live separately away from her.
She cannot demand any property from you if she is not a joint owner or if it is not on her name
If you still anticipate any threat from her side, you may lodge a police complaint against her giving details of her activities and on being exposed she is threatening with false cases, this may help you to shield yourself when she is trying to lodge false complaints against you.
As of now no case has been filed against you. So you send an intimation to the local police through registered post regarding the threats of your wife. If she does file criminal complaints against you then apply for anticipatory bail to contest the case on merits.
Ready to fight the cases, if there is no mutual/amicably settlement
it will be better to go for Mutual Consent divorce as she demand and negotiate with the reasonable money.
legally she is not entitle to get any share from your property only she can get right to residence.
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Advocate, New Delhi
that chat history and recordings are relevant evidence to establish the fact that she became unchaste, and it is a valid ground of divorce.
you should file a divorce case, don't transfer any property in her name because an unchaste wife is disentitled for maintenance. if she blackmailing for extorting money you can file case under section 384 IPC.