How to protect from false domestic violence & dowry case under india laws and file divorce
Dhiraj Negi
(Querist) 11 August 2013
This query is : Resolved
Hi, I want to file divorce but my wife is not agreeing for mutual divorce. She is threating to file false domestic violence and dowry case on me to extract money. We are married for 5 years now with no kids. Please advise what precautions I can take?
What are the rights of a man when a woman is wrong and making husband's family suffer?
Devajyoti Barman
(Expert) 11 August 2013
Nothing If she does not agree then you have no option but to wait for her consent or to file suit for divorce.
Dr. Jyothi Vishwanath
(Expert) 11 August 2013
Explain her that even if one party does not want to continue in marriage, it is no use if the other tries to forcibly hold him or her back. This will spoil the peace of mind of both the partners. By filing false cases, she will only get your hatredness and nothing else. Explain all this to her.
ajay sethi
(Expert) 11 August 2013
all the laws are in favour of women . you can file for divorce but if your wife is not agreeable it may take years for the case to be disposed of
ajay sethi
(Expert) 11 August 2013
it is advisable for both the parties to visit a marriage counsellor .
V R SHROFF
(Expert) 11 August 2013
You did not mention what is the problem between you and your wife?? Why u want Divorce? Why she want to file false dv,dowry etc cases??
The Laws are woman oriented, So you don't get anything!!
Guest
(Expert) 11 August 2013
DO NOT agree with Dr Jyoti. there is nothing to discuss or explain left between you and your wife if she treating this way. you can also use MAN helpline same as women cell. please find number. compromise is no more option left if after 5 years still no compatibility.
S.B.adil rahman
(Expert) 11 August 2013
False case under D.V Act? Tit for Tat. You can also file a false case u/s 182 or 211 IPC. You can also file a case of extortion against her adding Sec.120B IPC. You can also file cases against her near and dear one's alleging a lot of non-sense things. If there is a will there is a way. I do not agree with Shri Barman. I have told many times that the actual fight is not between the husband and wife but between their lawyers. If you have a tough lawyer, you win. If the wall(lawyer) is weak, you lose. Long degrees of lawyers does never matter. It is the spirit and professionalism of the lawyer which works. I am sorry to say that there is severe dearth of capable and sincere lawyers in Bars. In your case I repeat once again if your lawyer has a will to give you relief there is a way. Otherwise you are like a moving ATM for those lawyers who are brief less and want to keep the clients in their clutch.
sibasish pattanayak
(Expert) 11 August 2013
hi,
if your wife is not interested to file DIVORCE on MUTUAL consent, and staying at her fathers house , in that event you may file a case against her parents with a charge for wrongful confinement, and pray for issue a search warrant u/s. 97 of cr.p.c. to recover her from her fathers house , after recovery if she stated in the court that she is not interested to stay with you , then you must file divorce case. if she is with you still , then the procedings will be different.
let us know in details.
regards,
sibasish pattanayak, advocate
mail: pattanayaksibasish@gmail.com
09874854594.
Raj Kumar Makkad
(Expert) 12 August 2013
Search warrants won't help as none has confined the wife of the author rather she wilfully is residing with her parents.
It is better to evolve a mutual settlement with the intervention of respectables and relatives and to reach to one side of life and thereafter a decree of the court, if needed, may be obtained.
M V Gupta
(Expert) 12 August 2013
I think the issue is discussed by the experts from different angles. It is for the querist to take a decision. The querist may also like to consider what is the real cause for disharmony in his marital relations with his wife and see if there is any possibility of rectifying the same. After all there cannot be a smoke without fire.
Vijyant Nigam (09807349001)
(Expert) 12 August 2013
everyone is free to threat anyone to file false case against anyone...
in matrimonial matters:
husband and wife both have legal remedy as filing petition for restitution of conjugal rights,
both also have legal remedy of filing divorce petition,
wife has legal remedy of filing Domestic Violence case, dowry case, maintenance case.
both also have remedy of filing counter case against false cases, if filed by the other side.
an expert can tell the exact remedy that you should adopt in your circumstances, only when you will discuss your problem in detail...
so dear friend first discuss your problem with some expert in detail with all facts...
may God bless you.
