If you need divorce then apply for it on the ground of cruelty, which your wife can contest on merits. As and when false cases are filed then immediately apply for anticipatory bail.
Wife wants divorce
Dear Sir Its been almost five and half years I am struggling to save my marriage life but despite of all the efforts I unable to do so my wife left me and my son and left her home town by bagging me for divorce i tried to convince her a lot but she is not in a position to understand, even doctor has identified that she is having some psychological problem which needs proper treatment however she is not cooperating at all in terms treatment and even her family too in fact they are putting so many unsocial allegations which in reality is not the fact and her family saying that they will put me in problem legally and her brother is threatening me that "dekhlunga", I tried my level best to protect my family but no luck. Me my son and my father and mother both are patients staying with me, What she is saying completely incorrect and its completely abnormal in terms of her behavior and the type of allegations she is putting however her father and mother is accepting her in total and believing her and putting their daughter in problem instead of give her proper treatment, I am being harassed now i don't want to take any chance in my life I need divorce from her, I would request you to kindly suggest me the way out for divorce in this type of situations.
Asked 8 years ago in Family Law
Religion: Hindu
11 Answers
1) if your wife wants divorce you should agree for divorce by mutual consent
2) if one of parties does not agree for divorce in such a case other party will file for contested divorce
3) contested divorce cases take 5 years to be disposed of
You may file a divorce case against her on the grounds of mental cruelty and desertion which may run for years to get disposed until she comes for compromise either for mutual consent divorce or to return to the matrimonial home.
However the hidden danger is that she may unleash legal terrorism as a retaliatory act to avenge you for having filed this divorce case by lodging false criminal complains under section 498a and dowry harassment act.
In such events you may take anticipatory bail and then challenge her false cases in the court accordingly.
If you stick on the Divorce and it would be inevitable , then try for mutual divorce.
Advantages of mutual divorce
Divorce by Mutual consent saves time, money and energy for both,
Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.
If your wife is not cooperating then file a divorce petition under the ground cruelty.
Note :
You want to save married life try for amicable settlement through mediation . After filing the case you can get an opportunity for mediation and counselling by the help of court.
1. You have stated that your wife also begged for divorce from you,
2. If that be so, then negotiate with her and jointly file a mutual consent divorce petition which will be decreed with in 6 & 1/2 months from the date of its filing,
3. If she now does not agree for MCD, file a petition praying for for a decree of divorce on the ground of cruelty and desertion as decision is also treated as a form of cruelty.
What should be the step taken in case if they will file a false case against me, I am having all the prescription wherein doctors has recommended that she is having some behavioral problem and its needs to be treated, one doctor has identified as the symptoms of schizophrenia and I tried to put her on medication for cure however she and her family did not cooperate me in taking medications all the medications have been thrown away in-fact they are putting false allegations against me despite of curing her which i tried my level best to convince them. My 4 and half years son is with me along with my father and mother who is studying in a reputed school in Gurgaon. As I am pretty confident that they will not be agreeing for MCD, whats the way out to be separated and to save time from legal battle. Also i have recorded the spech wherein her father himself told me that 90% of what his daughter saying is not normal. They know all the fact despite of this their intent is put me in problem and take property from me.
Asked 8 years ago
1. If she does not agree for MCD, you shall have to file a divorce petition since it is too late for filing a petition for annulment of your marriage,
2. If you can prove that she was suffering from schizophrenia which was hidden from you while taking your consent from marriage, you could have filed a petition for annulment of marriage within one year of coming to know about her having schizophrenia,
3. Now start collecting evidence of all her cruel behaviour and medical opinion confirming her suffering from schizophrenia,
4. File a divorce suit on the ground of cruelty.
5. If she counter files any 498A or DV case, contest the ame fittingly after availing anticipatory bail for FIR registered u/s498A of IPC, if any.
1) if wife is not agreeable for MCD then contested divorce would take 5 years
2) audio recordings are admissible in evidence
3) rely upon her medical reports that she is suffering from mental illness
4) deny all false allegations made by her
Apply for anticipatory bail if criminal case is filed. MCD requires a positive agreement between the spouses. You can file for contested divorce on the basis of cruelty if no such agreement is reached at.
What should be the step taken in case if they will file a false case against me, I am having all the prescription wherein doctors has recommended that she is having some behavioral problem and its needs to be treated, one doctor has identified as the symptoms of schizophrenia and I tried to put her on medication for cure however she and her family did not cooperate me in taking medications all the medications have been thrown away in-fact they are putting false allegations against me despite of curing her which i tried my level best to convince them. My 4 and half years son is with me along with my father and mother who is studying in a reputed school in Gurgaon. As I am pretty confident that they will not be agreeing for MCD, whats the way out to be separated and to save time from legal battle. Also i have recorded the spech wherein her father himself told me that 90% of what his daughter saying is not normal. They know all the fact despite of this their intent is put me in problem and take property from me.
Asked 8 years ago
If false case is filed of 498 A obtain AB from sessions court
If they are filing false criminal complaints with police, you may first get enlarged on anticipatory bail after which you can challenge her false cases in the court during trial proceedings.
If she is not ready or willing for mutual consent divorce, you may file a contested divorce case agaisnt her on the grounds of cruelty and her medical ailments can be pleaded as petition averments
1. If they do not agree for MCD, file the divorce suit seeking decree of divorce on the ground of cruelty,
2. Engage a local lawyer having expertise in this field.