HK (Job) 23 January 2025

Shall i file counter cases with divorcee

My wife, a highly qualified professional, filed a false 498A &3/4 dp cases against me and my family member 600 kms away. We have no kids, and while I struggle, she’s enjoying her life with male friends without any concern for divorce.

She extorted jewelry worth ₹10 lakhs and a mobile. I filed a police complaint with video evidence when she created a scene at my house, forcing me to call the police, not action was taken.

Should I send her a legal notice for extortion and theft or directly file cases? People suggest not filing for divorce, but I’m worried she might file more false cases against me. What should I do?

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 23 January 2025

Roaming with her male friends is not a crime neither you are prevented to roam around with your femaile friends.

If you had given the amount and mobile to her on your own without objecting or refusing her demand, then it is not considered as an act of extortion.

You have already lodged criminal complaint against her, if the police is not cooperating to prosecute her then you can approach higher police officer with a similar complaint with a request to intervene and direct concerned police to take proper action on your complaint or you can approach judicial magistrate court seeking direction to concerned police for necessary action.

If she has already filed criminal cases against you then you may have to challenge them on merits.

If the situation is intolerable you can file contested divorce case on the grounds of cruelty and adultery

HK (Job) 23 January 2025

She gave threat of police then I had to reply ok

T. Kalaiselvan, Advocate (Advocate) 23 January 2025

It means you have not given any complaint from your side, but how did you give the amount ofd Rs. 10 lakhs or jewels worth of it and the mobile, whether under pressure?

No proper opinion cane be rendered in furtherance without knowing proper details

HK (Job) 23 January 2025

Ten months ago, my wife came to our home with her parents and her aunt without notice to create a big scene & violance iat my home. They all started shouting super loudly with my dad who is a heart patient, that is why I had to call the police. (Everyone in our sociey now know this) While the police were present, my wife secretly took my side jewelry from the wardrobe.

My wife and her aunt pressurized me in front of police to sign a statement, mentioning that she is taking 50% of the jewelry belonged to her side and 50% mine with her, rest i will keep. After the police left, my wife threatened to call the police if I didn’t come to the bank. She then took the remaining 50% of the jewelry from the bank locker, showing fear of the police and her Aunt who is expert in filing false cases. I recorded a video of this.

Now, she is indirectly demanding a flat from my elderly father.