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2 years ago

3 &half years before mother became paralyzed and wife pressurized to live separate and she left house before 3 years and didn't think about her child and paralyzed mother in law. She never compromised with condition for good of home and shows adament behaviour. My mother survived a lot and now my mother died.wife threatening us for domestic violence and dowery case if filed divorce. What can we do...Please tell

Sidhaarth

Responded 2 years ago

A.You have strong case. Wife is already living seperately for last three years is a good ground for divorce on the ground of cruelty and desertion. In such circumstances DV case is s not maintainable. In dowry case you have good defence. Court also know that women take undue advantage by misusing the law.
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.DV case not maintainable.

Dowry case she can file but you can get anticipatory bail and contest case. she have to prove allegations.

You can file divorce on many grounds of cruelty, desertion and false allegations.
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Chakrapani Madupu

Responded 2 years ago

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A.If your wife left home you should have proof of the same you can resist in court of law giving the evidence
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Anik

Responded 2 years ago

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A.Hi,
When the wife is negligent of her duties and responsibilities, you can file for divorce under cruelty and harassment. Wife just can make a blatant allegations of domestic violence, she has to prove it as well through merits and evidences. Courts are acutely aware of false allegations.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
In various instances, the divorce has been granted wherein the wife had misbehaved with the mother-in law and neglected her responsibilities. You can file for divorce on the grounds of cruelty and harassment. She has to prove a case of domestic violence on merits, its not that she can just complain. She will have to establish the case through evidences and merits.
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