Query regarding Allegations possible in Divorce Suits

5 years ago

I'm a Medical Officer working in a Municipal corporation of 48 years & am married for last 22 years. Because of certain incidences, My wife who is lecturer in a Private Medical College, has minimised her interactions with her in laws & doesn't interact on her own with my parents. There isn't intimacy in our life & we are living together just as parents of our daughters. Since last 17 years we are living in a sexless marriage.(< 3 episodes of physical intimation in a year against normal of at least once in 45 days) I had attempted to have dialogue with her in vain. When I try to be intimate with her, there is always resistance from her & she has never got intimate with me anytime in whole married life. As she isn't interested in continuing Married life but not taking any further step, just because of loosing Alimony, Can I give legal notice to her to file a Divorce case? If I give her a legal notice, Can she frame me & my parents or my brother in IPC 498 or specifically me in 497 without any proof? Would the legal notice safeguard me in such falsified cases? Does such legal notice useful to refuse alimony to Divorced wife?

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Mohd Imran

Responded 5 years ago

A.Talk to your wife and make her understand for mutual divorce. If she is not ready than you need not to give her legal notice.
File divorce on your own behalf stating all the facts and circumstances therein.
As far as she is concerned, yes she may file comolaint against you and your family members for registering an FIR u/s 498A IPC and also she may file maintenance petition and DV act complaint to counter against you.
But as far as charge of 498A is concerned, it would not sustain in court. And also there possibility that police may close complaint if dealt in proper manner.
For more details you may contact me in person through my Vidhikarya Profile.
Thanks

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Tanima Das Ghosh

Responded 5 years ago

A.In your case, mutual divorce will be the best option, if she agrees to do so. Else, if she has any proof of torture, yes she can file 498. But if not, even she applied, will not sustain at the court. Better to appoint a lawyer to file mutual divorce.

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Manjula Shanmugasundaram

Responded 5 years ago

A.It is not clear what you want. If you want divorce, you have to file a petition for divorce. If you are apprehensive that she might file false complaint, please inform the police authorities. If it is really only a domestic spat, then a legal recourse may not be a very good idea. Have you tried family counselling?

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GANESH SHARMA

Responded 5 years ago

A.If you want to live with her then file a petition of restitution of conjugal rights.

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Ramalingaiah Mulakatte

Responded 5 years ago

A.Mutual consent divorce is a good option. For legal assistance contact local advocate.

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