- This topic has 19 replies, 5 voices, and was last updated 1 year, 5 months ago by
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UI am planning to file for divorce from my wife who has not been living with me since April 2024. I am afraind that if I file for divorce, she would counter file multiple fake cases against me. What precautions should I take before filing for divorce? Should i write to local police that she is not living with me. Or anything like that? How to protect myself and my family members in these type of cases?
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UOk. What if I lawyer up and tell the court in the starting with proofs that I havent taken any alimony or things like that didn’t happen. No DV. I have proofs for that too. Then also she can frame me for that?
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UShe will have her own side of arguments, u know Indian courts don’t decide things in just 1 hearing. It would be a lot of tareekh pe tareekh, until then u’ll have to pay her interim maintenance. To settle it fast they’ll ask for a lump sum amount like 50lacs or so to take back all the cases and settle it outside the courts.
I’d suggest watching the documentary Martyrs of marriage on YouTube.
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UOk. I will do that. Will make proper proofs and stuff. And will take time to file the case after being well versed.
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UYup, once you watch the documentary and how the law is being implemented you’ll realize why Atul Subash was so desperate. If I have to put it in a sentence it’d be divorce is not an option for a man in India.
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UWell. I have seen some cases in which the men have also won. But they are rare. Will definitely take my steps fully informed.
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UMen have almost always won fake DV, dowry cases but still they were asked to pay alimony in the Indian system.
I remember a recent case where a man paid 25 lacs alimony and then his wife was fined 50k for filing false cases.
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UAlso my case is of Delhi. As my wife is living there. And I live in Chennai. Can I file it from here?
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UIt’ll be transferred to whichever court is the most comfortable for your wife. If it’s in a different city you’ll have to pay her to be able to travel and attend court.
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UI have a few lawyer friends who told me all this, I have been doing my research on this subject for the past 5 years or so. I’d suggest getting in touch with Save the Indian Family Foundation.
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UI got in touch with them. They asked to come to their meeting. In meeting nothing happened. Just crowd of men complaining and not finding any solution. Drinking tea. Having a chat. That’s all. Didn’t get any references from lawyers from there too.
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UThat’s what I’m saying other than complaining men can’t do anything in India when it comes to matrimonial laws. Which is why it’s important to keep the flame burning which Atul Subash started.
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SLawyer here!
Note -It might differ on case on case basis
You proceed to first file a case by seeking for reunion, later on if they file case against you D.V, maintenance and all.
You can take a defence that wife was in wilful desertion. And I’m ready to cohabit with her.
This is one stretegy this might work.
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P1. Talk to her and find out if she is willing to file a mutual consent divorce. If she agrees, file a mutual divorce and settle the matter within a week or so. Procedure for Mutual Consent divorce is here [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
2. If she is neither willing to go for a divorce nor getting back to you, you can either file a Restitution of Conjugal rights case [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/) or file a contested divorce case [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
by filing the restitution case, you are showing that you want her to get back to you. If she is unwilling to come back, without a just reason, you can later file the divorce case mentioning the proceeding. You can absolve yourself stating that you were willing to work on the marriage to avoid any further cases on you.
For further clarification, and if you are in Bangalore contact us [https://g.co/kgs/oR6EQNq](https://g.co/kgs/oR6EQNq)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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