Civil Procedure Code (CPC)

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Vinay   11 September 2016

How to file divorce against wife (did 498a, joined me)

My wife had filed a DV case against me (NRI), parents and brother. The FIR was registered in Counselling center in India at Women's Cell. Later on, she withdrew the complaint and came to join me while I was abroad (since her visa was valid). She then cunningly complained to Local police (outside India) and accused me of DV, which was not the case. Since I had my friends and colleagues at work supported me in front of Local Police (as I was innocent), the police gave me a verbal warning and let me off. She is in India now and I have changed job to another country. I don't want her to join me in this new country and harass me again for the same thing. I am also sending her handsome money per month to support her and the daughter via net banking.

What should i do so that she cannot come to this new country where i work ?

To prevent her to file a 498a again, and have its effect on my family, I have asked for a lawyer to issue an affidavit stating that my parents and me do not have any legal relationship.

Please advise what should i do ahead and what not to do.

Even before I could join the new company in a new country she called my HR (stole the number while I was away from my computer at home) to confirm my whereabouts since I withheld date of arrival in the new country. She has also sent a significant amount of money to her brother's account in India via money exchange from abroad.

Can i use the above examples and many more to file a DIVORCE ?

What legal resources can i access abroad to prevent her from coming to my place (I am not going to sponsor her visa but she can still come in as tourist visa) ? Does filing for divorce or dissolution of marriage on my behalf make more vulnerable in the eyes of the law or should I wait for her to file it ? She has been asking for money ( which i have sent ) in the name of savings for the daughter (which is apart from her living expenses). I have given the amount a few days back. Can i quote this also for obtaining a restraint order ? She does not want to live with my parents and respect them. This is the main issue which is bone of contention in our relationship. Being NRI she wants to live with me abroad and never want to entertain my parents need. What shall I do in this case ? Please advise on how can i File a divorce case based on the above events ?

 3 Replies

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil     11 September 2016

First of all take care that she does not join you by not repeating earlier mistakes.


File spate of cases in India to keep her engaged prior to filing Divorce. Pl note that do not file Divorce now or you will be trapped.

You can file cases through POA and not by you case at all.


send email for specific suggestions so that you can delay the problems for few years.

Vijay Raj Mahajan (Advocate)     11 September 2016


You already condoned her acts of cruelty when after her lodging complaint against you for domestic violence and cruelty under section 498A IPC etc. you allowed her to resume conjugal relationship and live with you in your matrimonial home. Now you cannot make those as ground of cruelty for seeking divorce.

You can file for divorce on the ground of cruelty on the basis of subsequent events after that, whether the subsequent event are sufficient enough to show and prove her act of cruelty that will be decided on the basis of evidence you got with you, usually that is difficult to prove in most cases.

Seeking divorce by mutual consent when both agree for it is best solution for dissolution of difficult marriages like this but for that both parties need to agree first. You are a golden goose laying golden egg, that your wife will never like to sacrifice so easily, more so you have a daughter whose entire responsibility till she get married after completion of her education etc. will be on your shoulders which your wife will not keep for her.

Things not easy going for men like you who want to move ahead in life but are struck with adamant wives troubling like a thorn.

For divorce from her you need to collect as much evidence about all her acts of cruelty towards you and your parents which make your bag of evidence heavy enough to unload in the Family Court at later stage.

Irretrievably broken marriage is no ground for marriage in India till date, it may be ground if the laws relating to divorce get amended but when that holy day comes I cannot say as I'm only a lawyer part of judiciary system in India.

A walk alone (-)     12 September 2016

You have done a big mistake by allowing her to enter in your house after DV. Once family matter moves in PS nothing remains in relationship. Hire a lawyer he will draft you cases which can be filled against her. Your mother can file DV. File case she will be engaged in cases in India . In between file divorce also. But before doing all this call her in between talk just try to make her say she is happy with you, you and your family never torture her, never ask dowry . Make this all in record through auto call recorder. This recording will help you in 498a or other cases if she files in future

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