I have been married for past 16 years. My wife has registered a complaint for domestic violence and threat of life. She provoked me to grab her collar when asked to come and live together on my daughters birthday in a mall for which she has got a video footage. She is staying separated at her parents place along with our 2 children from past 3 years and separated from past 1.5 years as she started an affair with a divorcee when i was working abroad. She has included my aged parents name too in her complaint who are staying in a separate city altogether and have no interference in my matrimonial life. What are the best logical steps i should take to protect my self and my family. I have been mentally harassed and stabbed at my back by her.
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1) no DV case is maintainable against your parents
2) there is no shared household . wife is not staying with your parents
3) file case for divorce against your wife on grounds of adultery and divorce
4) seek joint custody of children
5) also file complaint of adultery against her lover under section 497 of IPC
1. You did not wrong by physically assaulting albeit on provocation and hence you have to face prosecution.
2.So take information if the police on her complaint has registered FIR or not.
3. if yes then you have to take bail and then will have to face prosecution.
4. If your parents were not there at that point of time then they can go for quashing.
5. You can file divorce suit and seek custody of the children.
A. Since your parents not living with you that no case registered under 498A of IPC which is most dangerous case than domestic violence. Every case must be proved with the material evidence else you will be acquitted with your parents.
B. You could approach High Court to quash the FIR proceedings against you and your parents.
C. You need to collect all the documentary proof to take defense by observing petition's complaints or allegations. Example: Documents means, communications between husband and wife through whatspp, e mail, messages, records etc, your parents lease/rent agreements or if it was own house, electricity bill payments or any transactions etc.,
D. Finally, it is not easy to prove all the allegation made by your wife, be careful in future while speak with your wife regarding any matter and try to record her voice by installing automatic call record software and also be aware while communicating with your kids.
If the complaint has been filed under Protection of Women from Domestic Violence Act, 2005 and you are issued summons then file your objections to her complaint and contest her case on merits. If a FIR for 498A gets filed then file for and obtain anticipatory bail.
Me and my wife have agreed to opt for a Mutual Consent Divorce. 1. She is wanting me to have joint custody of our 2 children a son age 14 and a daughter age 8. 2. I earn my living in a separate city then my wife and children. 3.. My wife who is working and the only daughter of her parents is living with my children at her parents house. I want to understand 1. what is a Joint custody Vs shared custody Vs Visiting Rights. 2. How I can protect myself from any claims arising in the future 3. As husband what are the key things one must keep in mind under filing a Mutual consent Divorce
1) in joint custody The child usually resides with both parents at different intervals.
2) children may live for 183 days with mother and 182 days with father
3) both parents share the right to make long-term decisions about the raising of a child and key aspects of the child's welfare,
4) in visitation rights you can only visit the child occasionally
5)consent terms in divorce petition would mention that X amount is received by wife in full and final settlement and no further claims would be made in future
6) contact a local lawyer
She has included my aged parents name too in her complaint who are staying in a separate city altogether and have no interference in my matrimonial life.
What are the best logical steps i should take to protect my self and my family. I have been mentally harassed and stabbed at my back by her.
Including parents name is the pressure tactics that these characters adopt to torture their counterparts over vengeful activities against them.
You can challenge her DV act properly during trial because DV after 16 years of marriage many not gain strength and may not sustain trial.
Joint custody shall be that the children may be with her or with you as and when you both want to have them or with you both at the same place.
Shared custody means you may have to pay for all those expenses to the children while the children will be with them.
Visitation rights is to visit the children at a period interval as agreed between both.
It is your duty to maintain your children hence see what best you can do to protect everyone's interest.
Mutual consent divorce shall be based on the mutually agreed conditions.
1. Where the parents share the custody of the child at fixed intervals it is joint/shared custody. When a parent is permitted to only visit the child, but not take him out of the custody of the parent who has the custody, it is called visitation.
2. A flawless agreement can protect you from future claims.
3. Heed the advice of your lawyer.