vasurao38270@gmail.com 25 March 2018

cruelty

sir, my marriage was held on 7.2.2017.marriage is not consumated till date. My wife with her parents for last 3 months. I am not interested to live with her. Now they r threatening to file 498a, DV and also to send Mahila organisation to lodge dharna in front my house. Advice to whether to file cruelty case by me first or to wait until they file 498a. Mediater said that he will try to comprise them for settlement. if i file cruelty case first, can say Mahila organisations that I have filed case and it is subjudice n take help of local police. to clear them. If not file how can i face these Mahila organisations and media if they have dharna in front of my house. Kindly advice me sir
with regards

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7 Replies

Adv. SIddharth Jain (Advocate ) 25 March 2018

It is advisable that if a man getting false threats fromhis wife, he can file a case legally. In this case you need to consult a Family Law advocate. Then you can proceed further legally to get justice for the inconvenience. It is advised that you take the legal recourse first as that is going to help you a lot in your case.
For more queries feel free to contact me at isidjain1@gmail.com

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Vijay Raj Mahajan (Advocate) 25 March 2018

It's premature to file for divorce now as matter is still being medicated between both parties. There is still no FIR registered against you for cruelty u/s 498a IPC nor criminal compliant filled in the court for domestic violence. Moving for divorce against the wife will provoke her to move forward with the complaint cases against you and practically spoil your case. Best solution for the failed marriage is divorce by mutual consent after amicable settlement of all issues, try to work out that through mediation process with help of senior and experienced lawyer.

Vijay Raj Mahajan (Advocate) 25 March 2018

vasurao38270@gmail.com 26 March 2018

so kind of you all sirs.But your opinions are contriductory. kindly give me advice which can provide me divorce without any much hurdles. once again thank you all very much once again request you all to spare your valuable time by discussing among you experts
I am a lay man getting confused with different options. with all due respects.

Siddharth Jain 26 March 2018

The mahila mandal people do not have any authority of law to take any action against you, but they really have a nuisance value. By calling the media persons they can defame you and your family by portraying your wife as a hapless victim. The media people will also come calling and give an extensive coverage to the story knowing that such stories generate a lot of TRP. You have lots of remedies under the legal framework of the country to redress the harassment meted out to you. Firstly, you can seek a stay order from the court against your wife and mahila mandal to restrain them from making any attempt to defame you. In the circumstances narrated by you, it will be appropriate on your part to go ahead and file for divorce. Your wife will get an opportunity to contest your divorce petition on merits.

Adv Radhika Mehta (Advocate) 26 March 2018

Firstly, all of what you have mentioned hereinabove is just a threat. So far, there are no complaints under DV, 498A or before any Mahila organizations. Am i right? If i am, it is advisable for you to file for Divorce first as any subsequent complaint filed by her can be interpretated as a counter-attack. Once you file the case, you can inform the same to the Mahila organisation that the matter is now sub-judice.

Shravan Kr Bhagat 26 March 2018

same situationwith me... i marry with beauty kumati 13 feb 2017.. scince fist night she threating me ... and when i file section 9 rcr
they counter with 498a dory 3/4 and ipc 506 . 34 ..... now after all that sheis saying i am ready to live with me.. its just acting?