• Seeking divorce nd relief from false CAW complaint

I'm seeking advice to get divorce from my wife and relief from a false CAW complaint against me and my family. 

I got married on April 2014 and my wife left the house voluntarily in Feb 2015. We have been living separately since then. I live in my parents house along with brother nd sister. On may 2015 my wife nd me entered into an MOU to get divorce by mutual consent, in the witness of our respective fathers nd mediators.It was notary registered on a stamp paper. We had to wait for a year to file the first motion.
On the date of MOU,  I had returned all the articles relating to dowry nd streedhan, with their written receiving on list of articles. Some brief contents of MOU :
-An Xyz amt will be paid at the time of second motion.
- All the disputes regarding alimony,  maintenance,dowry,  streedhan,  etc have been settled. 
- None of us can get into litigation,CAW cell,family Court etc.
- She cannot raise any more demands except the amount to be given at the time of second motion. 

Now after completion of one year in Feb 2016,  our counsel had drafted the first motion. I had signed the draft nd sent them to sign nd file for a date. But a day after I received a legal notice from her another counsel, alleging me of torture during our married life nd accusing me of not turning for first motion.  In reply I had rejected the allegations nd sent them a signed copy of the same draft for first motion nd my rightful intention to pursue the MOU.
On April 2016 they have filed a complaint at CAW CELL against me nd family members. Now for about a month I'm being harassed by CAW cell. They say that our earlier MOU has no value and are forcing me on new conditions with a new MOU to be made by them. I'm being abused nd tortured at their meetings by relatives of my wife nd CAW staff.
From the date of marriage till 15 months after separation there has been no single complaint against me nor any evidence. After filing an rti for complaint,  I came to know about the contents. It's full of vulgar accusations (unnatural sex,forced sex, sex trafficking etc)against me nd my family nd that they have not received any streedhan. 
Now I am under too much stress nd confusion about future course of action. I am sure about their wrong intentions to raise more money in future,  so I don't want to get into the trap of CAW cell. I'm getting different advices from lawyers like filling for MOU performance,  apply for anticipatory bail, filling defamation,  filing divorce by cruelty.
Also I'm being told that even if after divorce my CAW complaint will continue. 
Also to mention My wife has been working before marriage till now and earns better. Our reason for breaking up was mainly due to her affair with some one else.
I know the implications of getting into litigation, it can stretch for years, but I seem to have another option either nd can't raise their demands too.

Please advise the suitable course of action.
Asked 7 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1. Since your spouse is not coming on board for MCD the only remedy available to you is to file for contested divorce on the ground of cruelty which she can contest. 

2. If your wife is earning then she does not qualify to get financial support from you.

3. If the complaint has been filed against you then first and foremost apply for anticipatory bail to protect yourself.

4. A prosecution for defamation can be lodged against her only after you are exonerated by the court/
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
1) MOU signed by parties is binding upon parties 

2) objective of CAW cell is only to bring about reconciliation between parties 

3) you cannot be forced to sign fresh MOU 

4)  if FIR is filed move HC for quashing of complaint on basis of MOU signed by you 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
1) in whose name is the flat  wherein you are residing ? 

2) if house is standing in name of your parents they can move court and seek injunction restraining your wife from disturbing their peaceful possession of the house 
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
During the subsistence of marriage she has the right to enter and reside in her matrimonial home. So legally speaking you cannot stop her from entering the house.
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Dear Concerned, 

Reading through your matter you seem to be another example of harassment by wife. As per your notes it is suggested  that whatever legal action you want to pursue do it now and don't delay any further because the more you wait the more you get into further legal issues . In consideration to what has been suggested to you by various lawyers let us look at the options available with you

a) file for divorce under cruelty by wife, this seems this is the best option which you should consider before your wife files a false domestic violence case followed by cases like CrpC  125 for maintenance.

b) filing for restitution of conjugal rights. Many lawyers will suggest this to you but this may prove fatal instaed of being a help. Hence, weigh all your options before filing HM 9(restitution of conjugal rights)

c) Performance of MOU, cannot be enforced agreement has never been signed .

d) Anticipatory bail(AB)- As the FIR has not been registered you need not to file for Anticipatory bail, but the day it is registered under 498 A you will have to apply for AB.


For any further query please free to contact us .
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Also I'm being told that even if after divorce my CAW complaint will continue. 
Also to mention My wife has been working before marriage till now and earns better. Our reason for breaking up was mainly due to her affair with some one else.
I know the implications of getting into litigation, it can stretch for years, but I seem to have another option either nd can't raise their demands too.

If she is behaving in an unbecoming manner despite getting back all her articles as well as having signed a MOU containing complete details of agreement between both, her intention now with the false complaint with CAW is to torture you mentally to extort money more and more from you.
If CAW has registered FIR, then better you may first obtain anticipatory bail and challenge the case properly in the trial court. 
Nothing to worry because you have documentary evidence to defend yourself .
You can go ahead with the proposed contested divorce case on the grounds of cruelty.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
What should be done, in case she tries to return and enter our house? Obviously that would be with wrong intentions,  to break the MOU nd put more pressure on us, or register new false cases.

You cannot legally stop her from entering into her matrimonial house until she is not divorced.
If the house belongs to your parent, you may shift your personal residence to some other place and ask your parents to file an injunction suit restraining her from entering into the house.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23408 Answers
1230 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18275 Answers
451 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12144 Answers
234 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2799 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0