1) File petition for annulment of marriage on grounds of fraud
2) that wife had suppressed information about her relationship before marriage
contest false case filed by wife
Wife have complaint at Woman Police Station, Karnataka and now I want divorce due to her activities
Hi there, I work in abroad before marraige. I got married on 25th April 2024 in India , it was an arranged marriage. Our families met each other on Jan 2024 for engagement. On May 5th , got a message in FB from an unknown guy that my wife was in living relationship just before two weeks of marriage and may other things mentioned. This was shocking, then my wife with her father reported this to police station and FIR filed u/s 354D on that guy . After knowing facts , i felted cheated about this , my wife agreed that she was in that relationship , and then requested her parents to dissolve this marriage, of course they did not agree. Then I travelled back for my work on 1st June as my leaves exhaused during all this drama. And my wife along with her parent left home on the next day 2nd June, saying it will referesh her mind. Conversations were not normal after that over whatsapps call , also she tried to commit suicideat her parent home, reason unknown, couldbe that guy's fir related . Then on 26th June that GUY appeared in police station ( my in laws were secretly following up police without informing me or my parents) and not sure what happened to that case but I was informed that it was all resolved ( of course this was coverage) and I was abroad during all this time and my wife at her parents home since I left. Her parents repeatedly annoying me and my parents that the matter is resolved, now what to do. I was insisting that we should have a chat or discussion before the elders on this matter.. On 5th August, my wife went to Mahila police station (CAW) and complaint on me and my family that we were harassing, not talking to her and several other reasons for not allowing her at home. Police is asking us to come to station and talk. I don't want to continue this marriage after all this. I have travelled back from abroad for this as my father forced to undertaking that 'I'll present my son to police station for this complaint in Kannada , which he did not understand earlier'. I have chats, emails , fb screenshots, fir copy of that guy and MOU document ( to ensure that wife doesn't leave or run away during the month of May , as her parents were not accepting facts ) to prove that I was framed and cheated by this marriage. I do not want this marriage anymore. What shall I do in this situation legally to save my self and my family as I'm not sure of their intentions. We have tried to resolve this peaceful but my wife's father is not ready to take the complaint back. 'Either take her back or face it' , that's his words. Please someone help.
Asked 4 months ago in Family Law
Religion: Hindu
11 Answers
It is your choice whether to 'take her back or face it'.
If you want to take her back then i wish you luck .
if not then you will have to get prepared for a long battle.
They are expected to file case under section 498A IPC which have the option of challenging in quashing , considering the proofs you have.
In the meanwhile file a suit for divorce immediately.
You cannot file divorce case within one year from the date of marriage.
For now you can file a petition under section 10 of HMA act seeking judicial separation and can start living separately away from her.
The other criminal case can be challenged on merits
Please advise, if I should go to Woman Police Station. What happens if I don't appear there ? If I visit there , can I share my evidences so that this can be used against the false complaint , may be separately show it to police inspector. What are criminal case that would be filed by my wife. How can my wife enter home forcefully in this matter. I want to prepare for this and challenge it back before any cases are booked. Is there a way to avoid this prior.
Asked 4 months ago
If house is standing in name of parents they should approach senior citizens tribunal and seek orders restraining g daughter in law from disturbing their possession of house
2) you should appear before police station and furnish copy of documents in your possession
3) if you don’t appear police may lodge FIR against you
Fir take information whether any FIR is registered or not.
If no FIR is registered against your name then there is no harm to visit police and seek its intervention to amicably resolve the dispute.
If yes then first consult an advocate with the complaint and then decide.
You cannot stop her from entering into your house so long she remains your legally wedded wife otherwise you may have to obtain a restrain order from court to restrain her from entering into your house, but for that you don't have sufficient reasons to obtain this order.
Also you cannot take preventive measures before police registers a case against you.
Therefore you may wait for the police to take any action on her complaint after which you can obtain anticipatory bail and challenge her case properly on merits.
Dear Client,
As your legal consultant, I would like to express my understanding to the fact that the case you have described is rather complex and rather distressful. You have to go for the summon at the Women Police Station, since failure to do so is likely to worsen the situation. When you are there, sensitively explain to them, by providing the chats, emails, FIR copy, and MOU to disprove all the said allegations. Your wife may file cases under sections 85 & 86 of BNS act which relates to cruelty by a party to marriage and section 316 which relates to criminal breach of trust under BNS act, 2023. If you want to safeguard yourself then you should file anticipatory bail under section 482 of BNSS act, 2023. You can even sue for divorce under the provision of Section 12 of the Hindu Marriage Act, 1955 under the grounds of fraud since you were never informed about her previous relationship. In the same regard, seek legal help on how and when to respond to any orders concerning her access to your home.
I hope this information brings clarity to your situation. If you have any further queries regarding this matter, do not hesitate to contact us again.
- As per law, extra marital affairs is ground for divorce , and hence you can file a divorce petition before the Court after submitting the proofs and also FIR copy against that guy.
- Since, she has approached the women cell , then you should appear before them for reconciliation
- Further, if you will not appear , then they may send her complaint to the police station for lodging an FIR under section 498A against you and family members.
- If the said house is in the name of father , then your father can send a legal notice to terminate the licence given to her for living through her husband.
- Further , even she entered forcibly , then your father can file a Mandatory Injunction suit before the Court for evicting her from his house.
Update on my situation: Police inspector called me to attend for Counselling 19th October by 12 Pm at Woman Police Station, along with my parents, other elders and well wishers. Inspector not available at time. I was waiting there till 4pm. During that time , local goons and other irrelevant people ( around 9 ppl) were trying to threaten, provoke and describing about their illegal work outside Police station, i realised it was sent by my father-in-law . My wife and her family were sitting outside at the restaurant all the time. So I left the station saving my self from there, as their intentions were to pack me and do something ,unsure - may be beat or kill me. Then we later got to know they were waiting for outcome of Counselling and then do something about it. Also at the resturant Wife and her family were discussing about asking hefty amount and property ( which i don't have any ). They have decided to proceed with FIR on Monday 21st . I'm not going to attend this time as it's risky. Please advise if I should take any steps immediately to save my from the list of things planned by them. As my father-in-law is arrogant and do want to compromise at all, targeting my brother and sister ( in Australia)
Asked 3 months ago
In event any fast FIR is filed you would be issued notice to record your statement
you can apply for and obtain anticipatory bail from sessions court
- You can lodge a police complaint against them before attending the counselling of women cell
- If you will not appeared before them on the fixed date , then they will sent her complaint to the police station for lodging an FIR against you.
- If you are unable to go there , then you can send any relative on your behalf.
You may wait until the police is again calling you.
You can take an advocate along with you to avoid problems in police station.
If it is going beyond counseling then you can apply for AB and challenge them in court in the trial proceedings.