We are very sorry to hear about your problem.
If your are married with your wife more than 1 year then you can file a divorce petition under Section 13 (1) on the ground of cruelty and desertion.
Harassment by wife
My marriage was arranged marriage & done on 8th Feb 2015. My wife never except me as her husband never respect me & my parents. I gave her lots of love and financial strength. She categorically told me first night that her parents pressurise her for this marriage. She never perform her conjugal rights after marriage. Me & My family members gives lot of love & respect to her. After marriage she left her mother’s home within 21 days. After that she never return back to my home, her mother avoid us of her return with mis reasons till she she filed false petitions against me. On 25th april 2015 she committed suicide attempt for reasons I am not taking care about her, am not caring her likes and am doing mental, physical, sexual harassment. In the FIR she told many things which I never ever did with her. My family and me lost name and fame in the society. Main thing l lost my character in the society. I don’t want to continue with my wife. Kindly suggest me further action to be taken.
Asked 9 years ago in Family Law
Religion: Hindu
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12 Answers
1. Did she committed suicide or attempted to committ suicide?
2. If she has not committed suicide then you should thank your stars for avoiding a major disaster in your life,
3. Contest the false FIR filed by her fittingly,
4. Wait for completion of one year of marriage for filing a divorce petition on the ground of cruelty,
5. Engage a local lawyer having expertise in this field.
Hi, as your marriage is not completed with in one year you have no options you have to wait for one year of your marriage and then you can go for divorce on the ground of cruelty.
2. For false complaint you have to apply for anticipatory bail and get the bail and then you have to move for High Court for quashing the complaint.
1) since your marriage has been solemnised only in Feb 2015 you cannot file for divorce unless period of 1 year has elapsed from date of marriage
2) you can then file for divorce on grounds of mental cruelty
3) refusal to have sex amounts to mental cruelty
4) as far as police complaint lodged by her you have to contest case on merits and obtain Anticipatory bail from court
File a divorce case immediately and fight the same on merit & try to prove it that her act comes under the cruelty.
approach to court for counselling and try to settle the matter amicably with the help of the counselor & elders & relatives.
It is advisable to go for mutual consent divorce with your wife since you will have to wait for a year to file a contested divorce petition. Regarding the complaints lodged by her, what is the action the police has taken? was any of the family members got arrested etc? in case of apprehending arrest, it is advisable to obtain anticipatory bail orders from the court. In the cases filed by her, if the matter reaches court, try to get the matter settled through mediation else it would take long years for settling the issue.
at present you should collect all the credible evidence which can proof that the case filed against you is false and has no merit. If any cruelty might be caused against her so it should have any proof. Is there any attempt for conciliation from her side ? Is there any medical evidence of injuries on her body ? Is there any evidence to show that you abetted her to commit suicide ? if above mentioned fact are missing then you may not be prosecuted for any offence. An attempt to commit suicide is offence under section 309 IPC. She has committed offence so she is trying to give colour of harassment and evade herself from any criminal liability.
K Srinivas vs K sunita, it is held by the supreme court that filing of false criminal case against the husband is constitute a ground of divorce and wife shall not be entitle to get any maintenance from the husband.
Contest the false case filed by your wife against you.
The procedure for divorce in India for Hindus is a long process, and somewhat tedious, given the numerous loop holes in the legal enactments. The pre condition for divorce for Hindus is that the couple should be living separately for at least one year.
But in your case to avoiding the one year period you have to file the petition under the ground of (1) non consummation and (2) fraudulent marriage .The petition filed for declaring your marriage is null and void.
A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage and that the marriage has not been consummated. And the frauds had been discovered after the marriage in her education qualification, consent of marriage (consent to the marriage contract was obtained either by fraud or force, and then there are grounds for an annulment.)And add the other ground as adultery, and cruelty.
Also make the lover of your wife as one of the party in the petition. It may lead to a speedy amicable settlement .
Before taking the above contentions ,you must care fully read her prayer in the petition lodged against you.
1. You should seek bail immediately to preempt your arrest and then contest and rebut on merits the FIR filed by your wife.
2. If you do not want to continue with your wife then the only thing you can do within the legal framework is to apply for divorce on the basis of the cruelty committed by your wife.
Dear Sir / Madam, This is follow-up question My wife committed suicide attempt again by hanging herself on [deleted] at her parents’ home and lodged a complaint against me and family members (includes mother, father, elder sister and brother-in-law) was arrested by police on [deleted] for offence: U/S 498-A, 306, 506, 511, R/W 34 IPC, 3 & 4 D.P ACT. She was alive and discharged from hospital on [deleted] Allegations on me by my wife. • Harassed physically and mentally (Allegations on me sexual harassment, threatened for additional dowry, as per her compliant i tried to kill her with a pillow at my home but I never did all those things with her. (Facts for the allegations After 21 days from my marriage is performed she left my home and went her mother’s home I never did all the above things with my wife and also never asked a rupee of additional dowry) • Illegal sexual contacts ( Fact she is having a boy friend before marriage and after marriage also they are meeting regularly and she was not satisfied with the sexual intercourse with me) • She told that with my physical and mental touchier she committed suicide. ( Fact her mental condition is not at all good) Am in jail for more than 35 days and got bail from court on [deleted]. I lost my job, name and fame in the society. All allegations made by my wife are false allegations. I have a life threat from my in-law’s house. My wife’s brother attacked me and beaten me on [deleted]. I don’t know the sec 511,R/W 34 IPC, 3 & 4 D.P ACT .Please suggest further action to be taken to save myself and family members from the case. • Illegal sexual contacts ( Fact she is having a boy friend before marriage and after marriage also they are meeting regularly and she was not satisfied with the sexual intercourse with me) • She told that with my physical and mental touchier she committed suicide. ( Fact her mental condition is not at all good) Am in jail for more than 35 days and got bail from court on [deleted]. I have a life threat from my in-law’s house. My wife’s brother attacked me and beaten me on [deleted]. I don’t know the sec 511,R/W 34 IPC, 3 & 4 D.P ACT .Please suggest further action to be taken to save my family members from the case.
Asked 9 years ago
1) file complaint of adultery against her boy friend under section 497 of IPC if you have evidence of her extramarital affair
2) if your brother in law assaulted you file criminal complaint against him of assault . I do hope you have taken medical report from doctor of nature of injuries
3) if you have evidence of your wife mental illness do rely upon psychiatrist report in your defence that wife attempted suicide on account of her mental condition
4) your wife will have to prove the allegations that dowry was demanded by you and your family at time of marriage
1. The only option you have is to engage a defence lawyer to contest the case on merits.
2. She is the one who has to prove that she was subjected to violence which drove her to attempt to commit suicide.
1. The worst is over for you since you have come out of the jail on bail,
2. Now, you shall have to contest the cases fittingly,
3. Select an experienced criminal lawyer having expertise in this field,
4. Develop rapport with the concerned police station conducting inquiry against you for getting favourable Investigation Report,
5. Audio/Video record all offensive actions of your wife and inlaws as irrefutable evidence and lodge counter police complaint against them being supported by the said evidence.