Apni Law Staff asked 7 months ago
My wife and I have been separated for four months due to a decision by the Women’s Commission. Despite this, she has filed a case against my father alleging harassment under sections 354, 354B, and 354C. However, my father received anticipatory bail because the police found her accusations to be false and lacking evidence. She has also repeatedly harassed my parents and grandparents. We were married on June 29, 2014, and lived with my parents until April 2015. Considering the cruelty she has inflicted on me and my family, can I file for divorce? The Women’s Commission concluded that we are incompatible and recommended divorce. She claims she only filed against my father and wants to stay with me, but how is this possible with her continuous harassment? Our marriage was completely free from dowry, with only a symbolic rupee exchanged. Can I seek legal recourse in this situation?
Best Answer
Apni Law Staff answered 7 months ago
Yes, you can file for divorce on grounds of cruelty and incompatibility, supported by the Women’s Commission’s recommendation. The wife’s harassment of your family, despite the anticipatory bail granted to your father, strengthens your case. The lack of dowry and short cohabitation period are not relevant to your divorce claim.
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