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Justin   03 September 2017

Divorce complications

I had filed a divorce under adultery against my wife. She dodged the summons and didn't appear. In turn, she filed a dv against me. However, when I told her that I'll show evidences to the contrary, she withdrew the case. Then she started insisting on a mcd. When I refused, she attacked me physically and I'd serious injuries. Still, I didn't report it as my daughter was scared that her mom would be arrested. I am from Kerala and don't want to take kids as it's going to affect their studies. I am ready to give whatever monthly support my wife needs, but she's demanding everything that I have right away. She won't let me leave the house until I do that. What can I do? She's even threatening to harm herself and implicate me in another dv case. Meanwhile, even after I filed the divorce case, she cheated me and I've documents like air ticket and hotel accommodation to prove that. This happened after she withdrew the dv case. I feel helpless. Can anybody suggest a way out of this?


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 6 Replies

Adv Radhika Mehta (Advocate)     03 September 2017

Dont give in to the threats of your wife. It will be a difficult for a little while but you have to stay strong for yourself as well as for your daughter.  Keeping her in the company of such mother can be dangerous for her.  

Firstly, file an NC in your local Police Station putting on record the conduct of your wife of threatening to implicate you in false case as a sort of precautionary measure. 

From what i gather of your query, the both of you are living together under one roof.  Is that true? Is it a rented accomodation or a purchased one? Kindly elaborate to enable me to provide you with correct guidance.   

Justin   03 September 2017

What is an NC? Currently we are living on rent. My wife has a house worth around 2 cr inherited from her mother in ghaziabad and I've a couple of houses and other properties in Kerala. Also, she earns around Rs 3000000 per annum from her job as a freelance corporate trainer.

Adv Radhika Mehta (Advocate)     03 September 2017

NC means a non-cognizable complaint.  You put down brief facts of your marriage on paper and file it with the local police station. 

Since it is rented accomodation, i would advise you to move out at the earliest. With the children, if possible.  You can continue to pay the rent atleast for the next few months so that it dosent go against you. File an NC and move out of the house.  Once you are out, you will be be in a much clearer state of mind to decide the next course of action as well as focus on the case filed by you. After moving out, you can also file an Application for Injunction before the Family Court for restraining your wife from entering your new residence.  

Justin   03 September 2017

She is just not letting me move out. That is where all the drama begins. Last night she even took up a knife to harm herself so that she can implicate me. I can't even defend myself as that'll give her a point against me. Yesterday she hit me so hard in my genitals, that am using a catheter to pass urine. I spoke with the cops and they told me that I'll be in trouble if I went ahead with a complaint as the indian laws are heavily tilted in a woman's favour. Seriously am planning to give away everything and end my life.

Justin   03 September 2017

Also, if I take kids with me, will she not have the right to come there on the pretext of visiting kids? I am ready for a mcd but I can't give her everything I've as I'll be on the streets after that. Meanwhile, I've solid evidence to prove adultery charges. Also, has the supreme court not put down new guidelines on taking action in dv cases due to the increasing incidents of misuse of the act during divorce cases by females???

Adv Radhika Mehta (Advocate)     03 September 2017

You are not a kid that your wife can hold you to ransom.  Just leave the house under a pretext if you cant tell her that you are moving out, go and file an NC and then dont go back. As far as the incident last night is concerned, go to a Govt hospital for a check-up right now and mention that your wife hit you and then to the Police Station for putting an NC to that effect. Dont listen to the Police. Laws may be in favour of women but that dosent mean that they are grossly impartial to men.  You have your legal rights too. 

I can understand your point about your children but do you think its fair to entrust custody to such a mother who is clearly unstable? Dont give in to her demands for an MCD.   


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