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Annonymous (Others)     24 October 2018

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

Hello experts,

One of my friend(male) got married back in April 2016 for the sake of family pride although he loved another girl (still unmarried). The wife also had clues about this before marriage. The husband, right after the marriage told the wife about the girl he loved and asked her to leave whenever she wanted to. He has not consummated their marriage yet and don't even share the room with her although have been living in the same house since marriage. But then also he has fulfilled all other responsibilities and never deprived her from her other rights like being part of family functions, gatherings, hangouts, trips etc. Also, she performs all the rituals of a Hindu family. The husband or in-laws have never harassed her. Both the families know about this. Even after so many pleas by husband, wife is not ready to leave and threatens to make false allegations against the husband and his family like domestic violence, dowry, physical abuse etc. Out of frustrations, they both sometimes have huge fights, say abusive words to each other and even slapped each other 2-3 times. She claims to have proofs like voice recordings, screenshots, pictures, hand written diaries etc. on the basis of which she threatens to sue him. She defames him in front of other family members that he tortures her when drunk but nothing such happened ever and the family knows as they live in joint family. She always tries to provoke him every now & then so that she can have more such proofs. She once tried to commit suicide just to torture him and threatens to do again every now and then. The husband has no evidences as he never had malafidé intentions against her or her family.

The wife also tortures the other girl by calling her at the odd hours and even sending her abusive and lewd messages which she never responds to. And threatens to defame her and her family.

The husband is a government employee due to which he fears to take stand that false allegations by wife may cost his job as this is the only way of his living. I may bring to your notice, he suffered a financial loss two years back and he has been using 75% of his salary to pay those debts. He has no savings left and in the name of property he only has house to which his one brother and two sisters also have rights as there is no will written by their demised parents (He lost his father ten years back and his mother to cardiac arrest mainly due to this family disturbance) But at the time of marriage, the husband's financial status was very stable. He never asked for dowry or any financial support from the wife or her family.

The wife has been employed in private mnc before and after marriage and has been earning well. Also, his paternal family is financially well stable. She threatens to leave the job also to mentally torture him.

She says she won't leave not because she wants to reconcile but she don't want to let the husband unite with that girl. Even if she does, she will destroy him as she would only go for contested divorce where she would make all such false allegations. It is purely out of revenge. The husband always try to persuade her that she should move on with her life and not to ruin her own life just to destroy him. But she never agree. There are no chances of their reconciliation even though they live in same house.

The husband has been in relation with that single girl only with her consent and has no other relationships. They both want to unite. The girl has not married yet.

My question:
1) Can wife charge the husband under adultery even when the relevant section has been demolished ( she has never filed any complaint yet)??

2) Can court award her alimony and post-divorce maintenance as the husband is not financially stable as already mentioned and she has been earning on his own?

3) On what grounds husband can file divorce case if he wants to and would this effect his job?

4) How can the husband prove his innocence in case of false allegations?

5) What are the other possible consequences?

6) Would the reconciliation period be applicable in this case if the wife ever agrees for divorce under mutual consent?

7) Can wife claim right to conjugal?

8) Can wife claim from his husband to consummate the marriage even when husband doesn't want to? Does husband has the same right of s*xuality as women have?

Please help (only genuine advise please)


 23 Replies

Shashi Dhara   24 October 2018

I advice to Ur friend to consult eminent family law expert advocate and explain the sequence &apply petition for divorce and give reliable proof of her cruelty and get divorce legally.she can't claim maintenance when she is earning her livelyhood.she can't challenge u.

R Trivedi (advocate.dma@gmail.com)     24 October 2018

The life of that girl is ruined! You think she would worship that male friend of yours?

Sudheendra (Social worker )     24 October 2018

My question:

1) Can wife charge the husband under adultery even when the relevant section has been demolished ( she has never filed any complaint yet)??

Yes

2) Can court award her alimony and post-divorce maintenance as the husband is not financially stable as already mentioned and she has been earning on his own?

Yes

3) On what grounds husband can file divorce case if he wants to and would this effect his job?

Cruelty and /or mutual consent

4) How can the husband prove his innocence in case of false allegations?

The husband should have collected enough evidences in his favour.

5) What are the other possible consequences?

Jail time to husband, insult in social circles, huge alimony and the girl who he is in love might also leave him. 

6) Would the reconciliation period be applicable in this case if the wife ever agrees for divorce under mutual consent?

Depends on the grounds and advocate presenting the case.

7) Can wife claim right to conjugal?

Yes

8) Can wife claim from his husband to consummate the marriage even when husband doesn't want to? Does husband has the same right of s*xuality as women have?

Yes. Yes.

Sachin Bansal   24 October 2018

f you are residing in Delhi then call me at 9811455868 because I am practicing in Delhi.

Annonymous (Others)     25 October 2018

@R Trivedi Sir, i agree she may not worship my friend but isn't it notebale that the husband never used her as his personal property. Unlike other cases, he never even tried to involve in any physic relation with the wife while he could easily have take undue advantage of his right being husband. Plus, as I already mentioned, the wife already had a clue about this andnit even her, but also his parents and brothers knew. Whenever asked thay why did she marry, she also says that for the sake of family pride. I'm just asking if there are any laws which protect the rights of men?

Gourav   25 October 2018

@Sudheendra. I have a follow-up question. What happens if the husband had collected a few proofs where she defamed the husband's family or said that she trusts no one in the family or had mistreated or misbehaved with the husband with his consent or knowledge.

Can that be a solid evidence in favor of the husband ?

I have a friend who is in a similar situation. Just that the wife is not threatening him with false allegations. However, there is a woman in his life who he wants to unite with and the husband had attempted several times, before the wedding and after the wedding by stating he was not in love with the girl (he married) and that he does not want ruin anyone's life. Hence, the intentions were to break it off peacefully.

He spoke to the Girl several times and even his own family. But nobody agreed and due to his father's health issues, he got married to this girl who he claims not to be in love with.

The girl is aware of the fact that he is not in love with her so is his family. Also, please note, there is no s*xual or physical relationship between them

Due to family pride the girl is not taking a decision to leave. However, the girl has spoken Ill of the family and had mistreated or misbehaved s*xually with the husband twice

Questions

1 - If the Husband wants to pursue a divorce under mutual consent. He would speak to the wife and try and make her understand to leave and have a peaceful life. This would help her future as well as the husband's. Do you think this is advisable?

2 - In case, she doesn't agree, can the husband, file for divorce with the above proofs i.e., defaming the family, speaking ill and mistreating the husband s*xually.

in case you have dealt with a similar case, please let me know

Also note : The husband has never abused the woman. treated her with respect. However, he is not in love with her and is very depressed to be in something he didn't want to just due to his dad's health issues.


Looking forward to your response on this

Gourav   25 October 2018

*without his consent or knowledge

Annonymous (Others)     25 October 2018

@Gourav if you get any assistance/advice/help concerning your case, please do let me know.. since we spoke to a few lawyers and they spoke in favor of the wife saying she might file so many cases that you'll be stuck in legal proceedings for a long period and will also effect you badly financially and possibly you may end up paying huge amouny even after so many attempts to prove your innocence.

Sudheendra (Social worker )     25 October 2018

Can that be a solid evidence in favor of the husband ? 
That can be used in his defense, regarding how solid? only a learned advocate in person can analyse properly and guide him.

Also, please note, there is no s*xual or physical relationship between them 
This amounts to cruelty by husband towards his wife.

1 - If the Husband wants to pursue a divorce under mutual consent. He would speak to the wife and try and make her understand to leave and have a peaceful life. This would help her future as well as the husband's. Do you think this is advisable? 
Let him try that.

 

2 - In case, she doesn't agree, can the husband, file for divorce with the above proofs i.e., defaming the family, speaking ill and mistreating the husband s*xually. 

A learned advocate in your city has to analyse the above said evidences and should be able to guide him further about applying for divorce in the court on proper grounds.

 

Gourav   25 October 2018

Hi, my friends case is a little different. Wife has not threatened to do anything legally. The husband and wife have never abused each other. There have been arguments though.

However, the wife had spoken ill about the husband's family, had mentioned indirectly about living separately and had s*xually abused the husband without his knowledge which has led him to think about divorcing her. The husband had feared of this happening where things wouldn't work between them and lives will he ruined, his, her, families .. and the husband with good intentions had informed the girl (several times) and his own family (more than twice) to cancel the wedding. But due to his dad's health issues, he had taken a harsh decision of marrying.

Gourav   25 October 2018

@sudheendra. regarding the cruelty..

the husband had made it clear that he has no feelings toward her and the girl, her family, his family are aware. Further, the girl had agreed or rather acknowledged stating that , it is fine if he doesn't have any feelings.

In such a helpless situation, even when the husband had informed her before and after the wedding about his feeling for her and the wife acknowledging that and not doing anything about it. Why would that result in cruelty Hy husband toward wife. He is not even abusing her in anyway

Gourav   25 October 2018

and @Sudheendra .. I am not sure if this is vital.

even after several attempt to make the girl understand about calling off the wedding, the girl did not. And only after the husband's dad got a cardiac arrest, she decided to speak up.

in such a situation, the husband chose to remain quiet considering his dad's health.

doesn't that account to indirect cruelty or malafide intentions?

Annonymous (Others)     25 October 2018

thats same in both the cases, wife knows that husband has no feelings for her and has said that its fine but still she wants to take revenge by any means.. does law not provide the husband freedom of s*xuality as women have seen enjoying this freedom in several cases?? can't this before considered in favour of husband to decide his bonafide intention not to ruin the wife's sanctity?? in my case, husband has even offered her to stay and enjoy the benefits of property and all other belongings if doesn't want to go so that she doesn't have to return to her parents. he himself has asked to left his home and to spend his life somewhere else. But she doesn't even agree for that.

Annonymous (Others)     25 October 2018

wife has even insulted husband several times by questioning his ability to consummate and make children she even calls him with lewd words like 'playboy', 'drunkard', 'aiyaash' and the likes. won't this count to mental torture? how can husband prove this?
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