Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vishal   11 October 2015

Help me

Wife is blackmailing me that she will file domestic violence and dowry harrasment case on me and my family. I told that i will divorce her because i got to know about her affair. Kindly advise


 17 Replies

Sourav Roy (-)     11 October 2015

Don't file divorce until u got prove of her affair...Getting divorce against woman is not easy thing in Indian law...Don't worry about any false cases as crpc 41 will help u in this police can arrest u without issuing u notice under sec 41 crpc.In Domestic violence she has to prove her allegations first to get benefit...U have to fight every case in merit..Don't worry

1 Like


Better come out with more facts of the case for a suitable suggestion.

Sumit Nandvani (Advocate)     11 October 2015

Hi Vishal Will give u solution free of cost. please discuss with me be telephonic source coz it cant be discuss via chat. Belv me. Sumit Nandvani 8826550368

N.K.Assumi (Advocate)     11 October 2015

If you are aware of your wife extra marital affairs, why are you scared of her blackmailing you with women terrorist laws? Better come out with clear picture of your case.

1 Like


It is not easy now a days to get person arrested by clamping allegations u/s 4098A. In Domestic Violence there is no provision to arrest unless you break magistrates order or do any violence under IPC.

Is the affair going on or you are talkign about past affaiur before marriage?

What do you man by affair.Do you mean she was having physical relationship with some boy?

How will you prove. Can you collect some concrete evidence like  love letters, pictures, eye witness?

Can you ignore all this if your wife is conducting herself well in her present life after marriage?

After giving yourself reply to above points and asnwering to yourself what you are supposed to do you should think of action

Please note  if your wife is not guilty of any act in current period of matrimony it will be very difficult to get divorce and you may make a fool out of yourseelf facing some charges from your wife.





Mr @Asumi advocate. We dont like your calling women's laws as terrorist laws. Not expected from an advocate.This is professionally also wrong act. If you are sure of these being wrong laws or absued , why as an advocate you dont file PIL in supreme court for reassessment and suitable directions to GOI for amendments.

Our experience says that women are being abused wholesale in Indian homes and offices. Not only laws have to be strict but their implementation has to be quick and effective by law enforcement agencies.

We will expect you to please withdraw your words about womens laws.

fighting back (exec)     11 October 2015

if your wife is trying to blackmail you, then it is your duty to approach the nearest police station with a detailed letter drafted by your lawyer, taking an acknowledgement, also. approach the womens protection cell along with the same copy of the letter, take intimation copy. with a CC to to the area ACP office.

file for divorce if you face threats..dont fear of difficulty in getting divorce. as some 'expert' here is suggesting the same. remember the simple logic " the one who faces difficulties, approaches the law for remedy first" if tomorrow, if she suddenly she files DV and 498 on you, and after that if you file for divorce, then it will be seen as an 'afterthought' by the judge, and your cliams of blackmail will have no value. in court...dont fear will have to pay it anyhow

1 Like


Sumit, What do U mean by Ur statement/elaborate please

Hi Vishal Will give u solution free of cost. please discuss with me be telephonic source coz it cant be discuss via chat. Belv me. Sumit Nandvani 8826550368

Vishal   11 October 2015


My wife is torturing me since day one of marrige. She is very head strong and quarrels for every silly point making it big issue and leaves to her mother place. She threatened me every now and she will commit sucide. She abused my mother and my sister. She also kept my child at her mothers place. She never allowed to have s*x with her and hardly romance her 4-5 times since marriage. Recently i got to know she is in touch with other person by not going to office. I don't have any hope of being happy with her she is demanding 50lakh and half of my salary to leave her. Her family is trusting her blindly no idea what they want.  My health is not good and same with my mother. I want to leave my home which is on my mothers name and file for divorce  Kindly suggest . What can i do if she comes and settles down at my home even though we are not interested in her? I don't want my family to be victims as they are having severe health problems


Wait for some more time for filing divorce, and don't hurry.Once U file divorce she has other weapons in her armoury provided by law ,which she could aim at UR family.In the meantime try to gather valid evidences of her affair.If U prove her adultery that could be useful in divorce  proceedings.Hence my sincere advice is to wait for a while for her to take the first step.Even if she has no intentions of filing criminal cases against U and UR family,she will  be ill adviced by her near and dear to do so.

1 Like


There is learning in your incident. Youn people should not jump into marriage just because girl looks beautiful or parent offer handsome dowry. Like in old times, people used to strike alliances through known sources, middlemen like village barber.

It is well advised to do some research specially if you dont know boy or girl as case may be for a couple of years.

You are now caught in catch 22 situation. The moment you start legal action , your wife too will start actions.Be very sure you can prove her acts.Dont curse or abuse her and not atall assult her in nay manner and dont get caught  on wrong foot.

Don't loose heart , Pull yourself together and have a professional approach with courage and  use your intelligence. You need support of some well wisher to give you helping hand. You can hire a detective agencyto find all her Janampatri, They may chargeb 20-3000 rs for that. Please note this report is not evidence in law but it will help you to find out witnesses and evidences. if you confront your wife with this report , she will step  back from her arrogance and come to terms.

Please note many people provoke you to hire a lawyer and rush into litigation. But even the best lawyer cant help you unless you have intact story to defend yourself and lawyer gets your support in form of evidences.Please keep in midn she will also hire the best lawyer.

All the best

1 Like

Vishal   11 October 2015


1) Can i file divorce on the basis of cruelity like 

            a) Abusing me b) denying to have physical relation with me c) mental torture

 but not adultery?

2) Can i fight on merits if she files charges against me & my family by taking AB?

I walk alone (Asst Manager)     11 October 2015

Hi Vishal

Though your answers you seek are from Sainathji, yet, I would like to put some light on your query.

Both the answers are yes. You can file a divorce on the grounds of cruelty (Abusing, denying to get physical with you) and you can also fight the case on merits if any false charges come across to you by talking AB.

But before proceeding, kindly consider the below mentioned points.

  • Have you tried to know her wife's intention/motive for such a behaviour for you. Have there been any unsorted difference of opinions between u both. Assuming she had an affair previously, she had took the pain to marry you and you married her. So, things still could be sorted out before walking inside the court.
  • Mostly the girls of boys of our generation have affairs and there is nothing wrong in it. But have you tried to understand the reasons behind making such cruel activities against you? Have you loved her enough which might make her to forget her past?

Bro, dont answer me of all these questions, ask and answer yourself for all these questions and then you will learn to know whether you must go to the court or not. Pls understand 1 thing, initial waves are always stronger than the mid sea. Hence, intital years of marriage (love or arrange anything) are always full of tractions & you have to live with it.

1 Like


Everything U R mentioning as "CAN I".U can do anything provided law is on UR side,or else at the mercy of wife.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads