LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srikanta Mishra (Advocate)     05 November 2011

Torture made by the wife

Dear All,

I want legal advice to face my present odd situation.

I got married in the year 2002.My wife stayed with me for 15 days & then quited me.We both were  physically fit to lead a married life.But due to some reasons like underestimation & egoisim from the side of my wife ,we started leaving apart.

Few days after I, from my side filed a case for Restitution of Conjugal Right in my local law court.Many times steps for reconciliation were taken by the court of law.But every time it failed.In turn my wife wrote all matters coming under dowery torture cases to the court of law.Also she claimed for interim maintenance .The court allowed the same & I started making payment of Rs.1,500/-P.M. from the year2003.The case went on.

In the year 2005,my wife biased  me a lot through telephonic conversation & told me to stay with me .I agreed to her proposal & after filing an agreement against the running case we joined together.

The  old situation again ressumed.This time she left me and filed an FIR against me , my old parents & family members, even those who were married & staying outside my home.

We all faced a lot of problem.Got bail & seizure of dowery articles took place in the presence of my wife & police. 

Then,I filed a case for Divorce in the Civil Court.The criminal case  is also going on.Every time my wife said in the court of law that,"though she was tortured ,she wants to stay with me."

Recently the civil court (Family Court) judgement came.It did not allow Divorce. It says that,as the case of torture is not yet proved,divorce can not be allowed.Again it gave order to take that lady & stay in a house outside my family leaving my old parents.And if I don't take ,then I will have to give that lady Rs.2500/- P.M.(enhanced)

The criminal case is still going on.The wife her mother,her BIL etc. have all said against me in that court,which are all false & fabricated to the best of my knowledge & belief.

Now I have taken shelter under the Hon'ble High Court.


Pl. tell me wheather I am eligible to get Divorce decree or not.I am at high age(age-43 years).I want to be free from these huddles .I need a peaceful life.

Now the wife, dials regularly  me to come back again.

Pl. tell me in which way I should walk to  lead a peaceful life.



 25 Replies


If she filed a written agreement against case filing,file a case of criminal breach of trust against her.

2.If the written agreement was filed in court then it becomes an undertaking and then move the court for contempt.

Unless few wives go to jails this situation will be arrested all over India.



Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     05 November 2011

Nina Ji and Shalendra Ji have given best advice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2011

Whether you are eligible or not can be decided in the trial.,


Family court has already decided against you, if your petition + evidence had merits, you can go to HC, or wait for your acquittal and file again.





Shonee Kapoor


Dear Srikant,

If you don't get rid of her you'll be making your life miserable.

Srikanta Mishra (Advocate)     08 November 2011


My regards to you.

One thing I want to know Sir,

wheather filing a case under sec498A against the husband & his relatives,not a severe mental cruelity to the husband ?

What the court can decide ? If the case is proved(as the court always relies upon the version of the wife not of any body else etc.etc.) then ,definitely I will be prosecuted.In such a situation can the court says for a union of husband & wife ?

And if it is not proved,then is n't it a mental cruelity & breach of trust made by the wife to her husband? Isn't it a ground for allowing divorce?Why the court is so reluctant to allow me divorce?

I know sir,my wife is very influential,and as per her wish everything is happening.She does not want to make me free for a remarriage.But sir,I am interested to marry.Pl. tell me the way ,I can keep a spouse.

Pl. say me something on this, Sir.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

Only a false case u/s 498a is cruelty.



Shonee Kapoor

rajiv_lodha (zz)     08 November 2011

@ srikanta!

I am really shocked to hear that family court has DIRECTED TO TAKE HER BACK while dismissing ur divorce petition. I was thus living in fools paradise that "even if they reject my divorce petition, no present law can force u to take her back"?! Members plz elaborate, what is the actual position? Many lives will be shattered if the husbands are seen waiting to take the terrorists back into theit lives!

Moreover on other concerns raised by u, law sees the evil of dowry as punishable offence. Culprit will be adequately punished if he imparted dowry harassment to the wife. This does not automatically mean that wife does not want to live with such a fellow.

She only wants punishment for his acts of cruelty, he becomes a law abiding citizen & live with her without imparting dowry related harassment..............this is waht law is all about. :-(

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 November 2011

I am not so surprised Mr. Lodha.





Shonee Kapoor

rajiv_lodha (zz)     09 November 2011

Shonee! U mean to say that if somebody's divorce petition is rejected by court, he may be directed to take his wife into his home too!? On one hand we say that-- if a spouse refuses to live in the company of the other one, RCR is the option. Even RCR decree is not enforced upon the other, at the maximum, jumping RCR decree will lead to divorce/maintenance! Plz throw light, what is the exact law?

Srikanta Mishra (Advocate)     09 November 2011

Dear Mr. Lodha,

The most important thing is that,after all such odd incidents & after such a long period keeping me isolated,the lady now dials me over different telephone numbers(how many tel. nos. can I feed in my phone in her name ? ?)that she wants to come back.And when I tell her why she had written  & done all those evils against me,,,she is just telling, that,generally it is done,but things are all false (she obeys)& that was done as per her advocate & mother's guidelines .

By this time her mother died .Now I think she is alone(not exactly known).She has sisters only,no brother & all sisters are married and living away.She is having much property,what she always indicates,even today also.Her style of talking has not been changed.But I don't know,what is her intention.What for she is playing with me..

Now I am telling her simply false cases are required to be withdrawn by her.What else I can say,when my Court is not allowing me to get rid of her..But she says,that is not possible as her advocate suggested her.But how can I agree to her proposal for going to a compormise state, keeping all her alligations standing alive against me in the court of Law.I don't listen to her.In no situation I can do so. Isn't it ?

Pl. advise me the best solution.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

The court has just rejected divorce and not forcing anyone to take the spouse home.


Divorce happens on certain legal grounds and not at whims of party concerned.





Shonee Kapoor (def)     10 November 2011



Am I rite?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

Absolutely right.





Shonee Kapoor


PS: Whenever you are not left, you are always right :P

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query