Wife threatens to file false case whenever asked for divorce under mutual consent.

Take kindly to your situation, I can only suggest you to hire a very good advocate in your defense as none of the above details you have mentioned above can help you in the court should that lady take were to decide to take revenge.

If you wouldn't mind kindly mention which city the couple are from. Send the details in PM.

 

 

ok.. thanks for the valuable advice..

Well, in my case, the wife, by not leaving and understanding what the husband is going through and when she knows she doesn't have a future. Morever, she wants to get into a job and she's aware that the husband's family will not let her. However, the husband is trying to hint her to leave the house to have a better life. By all means the guy is trying to save her life. Yes, marrying her was a mistake which he agrees to. But considering the above facts, where the wife speaks ill of his family, shares with her friends about how the husband is not into her, mistreats the husband without his knowledge. All this has affected the husband so much that he has lost his sanity and will to think straight. All this adds to mental torture and he has not been able to think straight as his intention was to not get into the mess. However, dad's health unsuccessful attempts to call of the wedding, making her understand to call off. He tried everything he could.

@Sudheendra, request you to assist on the above.

Also, my friend wishes to declare that, he had not registered the marriage in the court of law.

would that be in anyway in his favor ?

As per the Hindu marriage act, if the lady has sufficient evidence to prove that the marriage occured as per the Hindu tradition then that is sufficient for the court to consider this as a valid marriage.

I'm sure that the lady/wife has her part of the story which is not mentioned here.

Going by what you say I still suggest you to hire a very competent lawyer who practices family laws.

@Sudheendra, the wife had no wrong intentions to get married. She is too a victim of family pride. However, there were instances where she did wrong and hence the husband is unhappy and is thinking about divorce. The wife is not entirely happy with the husband's family for which the husband has proofs and the wife had tried to work the marriage out. But considering that the husband has no feelings and both were clear (husband and wife) about the marriage being a mere compromise where the wife married cuz of family pride and husband cuz of dad's health issues. However, the husband would attempt to do it under mutual consent .. as both parties are suffering in one way or another. In case that does not work out, the husband would seek legal advisory on this. However, he would want to understand, if he should pursue this and if basis the above mentioned situations, is there any hope for him to get out of this without much problems

For the rest of the above details it has already been addressed before in this post.

is there any hope for him to get out of this without much problems
That purely depends on stand that the lady would take once the law is set into motion.

The fact that the lady has not been hurt either through words or action by your friend is worth appreciating.

 

Thanks Sudheendra. Will convey this to my friend

@Sudheendra, apologies for so many posts.

The friends wants understand..the below in case of mutual consent

1 - Would the proceedings be harsh or it would be easier compared to filing a petition against one another under substantial grounds

2- The timeline to close the divorce under mutual consent or in a normal case how long does it take for the court to issue a decree

3 - Even under mutual consent, would the husband have to take care of her maintenance until she remarries?

Given the above facts, the husband does not want to go through the harsh way of blaming one another and ending on a bad note and wants to get it done under mutual consent for which he has been trying for long time. He wants good for both the wife and himself. But wants to get out of it before it affects anyone's life even deeper. To me he seems to be strong but weak mentally. Hence I am posting on his behalf.

Either way, mutual consent or filing a petition on grounds as explained above, he'd have to consult a family lawyer. However, he would want to understand the above (as a homework) before meeting the lawyers