Legal Question in Family Law in India
Hello ,
.we married 2.5 yrs ago.The story is long but let me keep it short and simple:
she is torturing me mentally sine the 5th day of my marriage. reasons/grounds are as follows:
1) fighting all the time for trivial reasons with me and my parents.
2) using derrogatory/humiliating words for me n my family.
3 }repugnance towards my relation to her.
4} forcing me to leave my parents for invalid/wrong reasons.
5} eating heavy doses of drugs(anxiolytics) ...blaming me for it as a. to her im the sole cause of her depression and then threatening me about her health/suicide.
6) visiting her parents home on and off very frequently after fighting with me against my will.
7} forcing me every time to take her back from her parent"s house to my house....n ive done this every time.
8} erratic behaviour/looks like borderline personality/mood swings frequent/fighting at one moment and after a while takes bak fights and then starts again after some time.....without any pretext or context.
9) extreme interference of my in_laws in supporting her wrong deeds/even amplifying it.
10} at an instance after quarrelling with me she handed over the mangalsutra,engagement ring and the wedding gown to my mother....although she was not even involved in d discussion....
11} lodged a false complained in the police station against me 1 month back that after a quarrell i told her to leave the house....was not converted into an an FIR...and she as usual went away to my in-laws...but till now the complaint has not been taken back ...also no action has been taken by police as its a trivial issue acc to them.
REASONS FOR ALL THE ABOVE THINGS: HER BAD AGGRESSIVE NATURE/BORDERLINE PERSONALITY/cONSTANT FIGHTING HABITS etc.
no dowry was taken. at the time of marriage they said they want to gift a car...so her father transferred 4-5 lacs rs to my dad's account. but the car was bought by us in the name of my dad before that only and the monthly loan emi is deducted from his account only.
my question: right now she is at my in laws since a month....we are trying to talk to them for a mutual divorce...which obviously they wont agree....the moment theY will know my intentions....they will backfire with 498{domestic voilance or dowry}...well the fact of the case is there is no violance/dowry...but she must be knowing very well how to play her cards as DV is a broad term. HOW can i protect me n my parents from this non-sense?? kindly help me. i will eventually file a contested divorce. but before that i know all this will happen.....HELP!!!! Are there any measures to protect ourselves..??? I would be highly obliged to the respected experts if they give me a detailed advice. thank you.
3 Answers from Attorneys
you file a petition for restitution of conjugal rights. and once in the court take the matter for mediation where maybe a settlement can be arrived at between you and your wife either of being togather or parting ways amicably. If you decide to divorce her please be prepared to face the DV act and 498A. But if contested properly the problem will be sorted out once and for all instead of lingering on with the issue. which state are you from if there is a provision for anticipatory bail you can apply for the same to safegaurd your intrest. Pl call at 9312411481. for further query.
498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turns out to be false as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court.
This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). 498a is a draconian law. If you feel that 498a is imminent, then you should consider saving your parents, brother, sister etc. for the claws of 498a.
For this, you may ask your parents to legally disown you by contacting a lawyer to file an affidavit in the Court to the same regard. Once your wife does file a 498a, just go underground, try not to get arrested and make your lawyer apply for bail for all the people against whom your wife had registered a 498a case (who are named in the FIR). After that, when the bail is denied, surrender to the Court. Ideally, the police cannot register an FIR on 498a, if the wife is living separately from the husband. So you should make sure that you have solid proof in this regard. As you have mentioned that your wife is living in your in-laws place for the last one month, so you may send a legal notice to her to her address asking her to come back.
You may then file for a divorce on that basis. With regards to dowry, keep evidences ready from your end. If there is a written agreement as to not receive any dowry, that would be helpful in your case. Also, make sure that her stridhan is not in your or your family�s possession. You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at [email protected]
-Regards
Advocate Pooja
www.lawkonect.com
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