Lawfarm Team
Asked June 21, 2016

Harassment by wife and abuse of dominant position

  • 1 Answer
  • 171 Views

My wife and I have been living separately. My wife wants me to stay away from my parents which is not possible as my parents are old and do not keep well. I have tried to reconcile the differences between us but my wife and her family abuse me and my family every time we try to meet my daughter who is living with my wife. She sent for a MC for the child which I lost and now have to pay Rs. 3500 to my wife for my child which I have been paying regularly for my child's welfare. While my mother was very critically ill, my wife filed a false case against me for gold and money. I filed a case for divorce which was sent for Mediation. During the Mediation proceeding, my wife's lawyer has used objectionable and abusive language while talking to me and has threatened that he will file innumerable cases against me for harassing my wife. My wife and the lawyer then demanded Rs. 25 Lakh for divorce by mutual consent. I do not have the financial resources to pay her this amount and want to divorce her to stop this harassment my family is facing. Please advice.

Answer 1

Looking at the facts of your case. It is  evident that your wife along with her relative(her legal counsel) are trying to extort money from you in lieu of giving divorce. I would certainly suggest you not to accede to their demands as it is in no way reasonable.

 

I believe in the fact that you must carry on with the mediation as there’s no harm in going forward with the same despite the fact that their legal counsel is continuously hurling abuses at you. You can appear for the mediation with your legal counsel and try to sort the matter for one last time by showing them that it is an open and shut case and in case they do no accede to your demands then you may ask the mediator to end the mediation proceeding and continue with your legal suit in the court of law against which you have a very high chance of getting a divorce, provided your legal counsel comes well prepared with facts and evidences.

Going from your facts, it is a clear case of mental cruelty and desertion as specified in Section 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act,1955.[1]

 

The question of mental cruelty will depend on the facts and circumstances of the situation. It is therefore very important that you collect substantial material to prove your point before the Court. Your evidences must be reliable and sufficient enough to justify a petition for mental cruelty against your wife as a ground for divorce. In addition to this make sure you have sufficient proof to show your weak financial condition. This will help you to prove before the Court that the amount claimed by your wife is impossible for you to pay.

Also, Section 35 of the Advocates Act specifically mentions that a complain may be made to the Bar Council of India and if it finds the concerned advocate guilty of any professional or other misconduct, it may then forward the matter to the disciplinary committee, which is empowered to adjudicate upon the said matter. I would hence suggest that you advice your legal counsel to file a complaint against your wife's legal counsel to Bar Council of India as his actions are against moral and ethical behavior that is expected from a lawyer.

 

[1]             V Bhagat vs. T Bhagat reported in (1994) 1 SCC 337

 

 

Agree Comment 0 Agrees about 1 year ago

Please Login or Register to Submit Answer

Will ads
Don't have a Will ?

Create your free will online in less than 10 minutes.

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now