Seeking divorce from abusive and threatening wife
Ipsit Roy
(Querist) 05 October 2014
This query is : Resolved
I have been married for two years. It was love. Alas! I don't find anything left now.
However, my wife has only grown to be stubborn and extremely abusive (I have proof in form of recordings). She is extremely intolerant towards my parents and want to settle elsewhere. My father is a glaucoma patient and my mother is old too and has rheumatic heart. I am their only son and hope to look after.
She works in a pvt firm and still she exploits me for money and abuses my parents too. When I asked her o say sorry to my mother because she has hurled expletives towards her, she left the house and went to her mothers. Now she wants me to leave my mother and father and stay alone with her which is next to impossible for me.
I want to file for divorce and was opting for mutual. But she wants to play dirty and have threatened me and my family to file 498 and frame false case. Please suggest what to do? I belong to a very simple family and i have no clue as to what can be done . I already consulted a lawyer but to no avail. Please suggest what to do and how can i save myself and family, my career and get rd of her once and for all. She has caused my family and me enough trouble. Please help anyone.
Anirudh
(Expert) 05 October 2014
First and foremost, jot down all the things that she has done so far - in a chronological and cogent manner. This should bring out the cruelty inflicted by her on you and your family.
On that basis, you can file a case for divorce on the ground of cruelty.
Yes, she may come up with Sec. 498A case. But, you can say that 498A has been filed as a counter blast to the divorce case filed by you. You can also cite the old age of your parents who are not in a position to do any domestic violence against your wife. You can also state that it is in fact she who has done violence in the family etc. etc. In any case, today or tomorrow you have to face this problem. Better to face it now itself when you have energy.
More over, having filed the divorce case, try to face it to the last. While your 498A case can be defended, you cannot altogether avoid it.
Ipsit Roy
(Querist) 05 October 2014
Thanks for the advice...
so if i understand you correctly, i will still be arrested for 498 filed against me... A friend of mine tells me that 498 automatic arrests have been asked by the Supreme Court to be stopped and a detailed investigation needs to be there for arrest to take place.. Is this something that should benefit me ? Has it been enforced yet?
Also, she threatened me even last day that she will go to the police to file diary against me that I had beaten her although that has never happened. She was the one who had pushed me quite hard in her residence in front of her elder sister. I didn't do anything.
How to fight that? Can i run to the police station and file a security diary or something ?? Please advise further.
Also, if anyone knows can they suggest a good divorce lawyer in Kolkata?
Please help.
Nadeem Qureshi
(Expert) 06 October 2014
Dear Querist
as per my opinion, first of you should send information cum complaint against her before NHRC/NCW/SSP or Commissioner of POlice (Non-actionable) only for record, in which mentioned all her activities and your apprehensions.
these information cum complaint will be beneficial for you at the time of filing the false cases filed by her.
file a divorce case against her on cruelty u/s 13 (1)(ia) of hindu marriage act, if both of you are hindu.
without follow the section 41 A of Cr.P.C. the police can not arrest in the 498A case, even in every case in which the punishment is below 7 years. the sc recently held in Arnesh Kumar vs state of Bihar.
