Legal Question in Family Law in India
i got married in Feb 2008 & got a son after one year. My wife do not like my mother & registered a false complaint in women cell in Sep 2009 of dowrey & Physical assault on me & my family. I got seperated from my family as per the mutual compromise in women cell. My wife donot allow me to meet me my widow mother & threats me if i do so she will again sue me & my faimily u/s 498A. In Feb 2010, she alongwith his faimily members injured me & compaint is registered aginst them u/s IPC 323. Please adivse me
A) How can i get rid of her, if she dont agree for mutual divorce.
B) Is there any way to protect my family u/s 498A, as she is using it as her strongest weapon.
C) My income is Rs. 8000p.m what will be the monthly compensation to her, she is a house wife.
2 Answers from Attorneys
make your wife very happy with you and take lots of pics and videos of it. get some document or video where it is clear that your family is not living with u. and similarly if you can get something where her torture is visible or idea is given. Plan all this for about 2-6 months and then you can start what u want. take help from legal practicioner.
such wifes make life hell. so move cautiously
good luck
(1) Unless she is really "guilty" of the faults listed under Hindu Marriage Act, you may no standing to seek divorce; and therefore, no likelihood to get divorce from court;
(2) Truth is the only weapon you may have. God help!
(3) The maintenance could be approx Rs.3,000/- p.m.
You should try to avoid litigation and make efforts for an amicable out of court settlement.
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