Vidyadhar1 (clerk) 11 May 2010

if i file divorce,can my wife file dowry case?

Hello Sir,

Iam planning to file for divorce as i have completed the mandatory 1 year period that i need to wait after marriage to file for a divorce. I would like to know whether after i file for divorce, can my wife to take revenge on me and my parents, file a dowry and physical and mental harrassment case on us.

She also threatens me that if i file for divorce then she will commit suicide. The only reason why i am in this situation of filing divorce is because of her ill treatment to my parents and me and now she threatens me that she will commit suicide. Even if she doesn't commit suicide but just tries ending her life after hearing that i have filed for divorce, will I be arrested.

I have solid evidence to show court why i need divorce from her.

Can anyone guide me on how to procure divorce without my wife filing for dowry or harrassment case and without me getting into trouble even if she tries to commit suicide.

Please dont ask me to bring her back or go for mutual divorce....it is not working in my case.

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7 Replies

Gundlapallis (Advocate) 12 May 2010

See, if you take a decision to end your marriage by way of divorce nobody can stop you from filing your petition in the court. Likewise, if you wife should choose to file dowry case or maintenance case or anything else, she can. There is no way you can stop her in advance. Since you say you have solid proof with you that might help your case for divorce and to counter her cases against you. As how you have a right to file a case against her for divorce she also has a right to file cases against you if she has greivance. The best thing you can do is you can obtain anticipatory bail, protect yourself and family members from arrest and face the challenge in the court.

Anil Agrawal (Retired) 12 May 2010

498A and DV Act, the ultimate weapons. Will it serve any purpose if you and members of your family lodge a complaint with the police station of your area detailing the background and the likely course of action that your wife might adopt?

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Bhupendra Soni (Lawyer) 24 May 2010

first u file application under section 9 according to the hindu marriage act then you call me i can help in this matter . My contact no. is 09352414067 (Mr. Bhupendra Soni Advocate)