Legal Question in Family Law in India
Stuck
I had been married on15/12/2003.On 17/05/2003 my wife had
deserted with valuable gifts & jewellary gifted to her.In addition she has accused physical & mental cruelty agnst me vide 498a,missapropiation of her belongings - 406A,criminal conspiracy by my parents - 120b,maintenance -125cr p.c.Presently she wishes divorce by mutual consent - 13b,however she will not lift the criminal cases constituted by her.More so she has avoided calls for sumons
by the court on the pretext of illness.Kindly help me in this regard.
3 Answers from Attorneys
Re: Stuck
I can understand your plight. In cases like yours, taking undue advantage of law, the line of action of your wife is typical. It is common to see a woman raking in husband and all his relatives U/S 406 and 498A I.P.C. However there are few decisions which have gone in favour of husbands in such cases and even divorces have been granted in favour of husband for cruelty on him and his parents by the wife. But for that you need to proceed in a proper manner. The mutual consent divorce is a good remedy to come out of this situation provided it is without any such pre-conditions. If need be, you may contact us through phone for further guidance.
Re: Stuck
The course of action open to you is to file a suit for divorce and to thrawt any of her negative moves, you can also contemplate to file petition seeking anticipatory bail.
Re: Stuck
On the facts given by you, and in view of the absolute non cooperation by the wife, I think the best course for you would be to - (1) File a Divorce Petition immediately on grounds of dessertion and cruelty, and (2) also file and obtain anticipatory bail for yourself and your parents.
Once such aggresive action is taken by you, the wife may see reason and try to settle.