I got mutual consent divorce from my first wife. Then I married a girl from poor family without any dowry . It was a simple marriage. My wife after marriage started demanding to transfer some property in her name. I do not have any property in my name. When she learnt that i will not transfer property in her name she left my home in November 2015 and in December 2015 she filed false complaint with Police and made false allegations of violence against me. In that complaint there was no reference of dowry against me. After that she take the complaint back from police. Then she wrote to my employer making false allegation of violence against me. And demanded action against me. Then she wrote to State women commission that police did not take any action against her complaint (remember she herself withdrew complaint). And simultaneously she filed divorce under 13 section. I told women commission that she has filed divorce and commission closed the case. After thr my wife withdrew divorce case and filed section 125 maintenance. I and my old parents and sibling are being harrassed by my wife. Ultimately she wants huge alimony from me. I am class one govt officer. Plz let me know how can i proceed. And tell whether she can file more cases against me. She is MCA and expert in computers applications. Ge can do a job. I do no want to stay with her at all .
1. Contest her claim for maintenance on the ground that she has left the matrimonial home without any justified ground and that she has sound educational qualifications to work and earn instead of being a liability on you. She may file 498A and other criminal complaints, all of which can be contested in defence after obtaining anticipatory bail.
2. If you do not wish to stay with her then you are free to apply for dissolution of marriage on the ground of cruelty.
1) file for divorce on grounds of mental cruelty
2) making false complaints against husband to employer amounts to mental cruelty
3)since your wife is highly qualified she is not entitled to maintenance .
4) in your reply to her application for maintenance draw emphasis on her qualifications and her work experience
Dear Querist
First of all try to settled the matter amicably and go for mutual content divorce.
If not possible then file divorce case against her under section 13(1)(ia)of Hindu marriage Act.
Fight the cases on merit filed by her with the help of lawyer.
Feel Free to call
In december she already filed complaint to Senior Superintendent of Police alleging violence against me. There was no allegation of dowry. I have not demanded any kind of dowry also I have not received anything at the time of marriage and nothing after marriage. Even then can she file 498a now alleging dowry? Remember she had filed divorce under section 13 against me and withdrew after 3 months. Is complaining here and there does not amount to harrassment?? Can I file criminal defamation case?
1) complaint filed if any of 498A would not with stand judicial scrutiny
2)making false allegations amount to mental cruelty
3) you can file criminal defamation case against wife as she has maligned your reputation before your employer
Majority of 498A cases are false, so yes you may also be a victim of a false 498A, but you can contest it on merits. Criminal defamation is made out against her for her acts,
Yes she can, 498A is not only for dowry demand it is for cruelty also.
Yes it is harassment but there is no law in favour of men in india except divorce.
Filing the legal cases s right of a person and based on that complaints defemation can not be filed until and unless the complaint got proved wrong.
Feel free to call
Hi, As per the latest Supreme Court ruling filling a false case against husband it also amounts cruelty. So based on the above you can file a petition for divorce on the ground of cruelty.
I and my old parents and sibling are being harrassed by my wife. Ultimately she wants huge alimony from me. I am class one govt officer.
Plz let me know how can i proceed. And tell whether she can file more cases against me.
She is MCA and expert in computers applications. Ge can do a job.
I do no want to stay with her at all .
Since she initiated all the cases against you, better challenge them on the merits in your side.
You can even think of the option to divorce her if the situation is not improving and she aggravates her tortures.
If she keeps filing false case after case, you can very well file a defamation case agaisnt her for damaging your reputation or spoiling your image in the society.
She has to be brought under control at one stage somehow or the other.