Legal Strategy In Matrimonial Cases

For a woman, divorce cases are very easy to file but very tough and painful for a man to contest. Its highly traumatic, for him both mentally and emotionally. Laws are so biased against men that coming out of it is a very daunting task. He suffers out of nothing. At times, due to the narcissist personality of wife or her false ego.

Only with a watertight legal strategy, a man can tackle the cases and save himself and his family.

Below are some time-tested steps which can be helpful in your legal battle:

• Always arrive a few minutes before or after the arrival of the wife and stay cautious while leaving from the police station, CAW cell, or the Pariwar Paramarsh Kendra. Always carry your cell phone with you.
• While being there, always reflect confidence in your talks. Refrain from raising your voice or indulging into scuffles even if you are provoked to lose your temper.
• Protect yourself from your wife at a place where she can come across you. She can assault you. Go with your mother or sister. If she creates any issue, do gather a crowd.
• Choose only those witnesses whom you are very sure about. Attend all court dates.
• Be a bit secretive about the court proceedings. Keep your litigation strategy private. Handle the entire case by yourself. Only you should interact with your lawyer and none else even on your behalf.
• Wife generally puts baseless and concocted allegations against you. You should also go for counter cases against your wife, her parents and relatives after seeking appropriate advice from your lawyer.
• If your wife has made baseless serious allegations against you, try to collect as much evidence as you can against her allegations. This may put pressure on her and her parents to back down and discourage her from continuing the fight.
• There is no point in agreeing to her terms of divorce. You should vehemently put your terms holding your ground.
• Effectively bring into use the tools like RTI, Tax evasion petition, complaints, applications, etc. However, you should not be too much dependent on these instruments. Never bribe regarding your case. Stick to the legal route.
• If you fight the case strongly, she may turn to mutual consent divorce.
• It will be tough for her to stand in front of you in 498A, Domestic Violence, Section 125 or divorce case if it can be proved that she did cruelty against you.
• If in case of a mutual consent divorce, it should be clearly accepted by both the husband and the wife that all the disputes between them have been sorted. This will prevent you and your family from getting dragged into any further litigation.
• Also, you should not try to be in contact with the IO or PP by any chance.
• You should also not force your wife to withdraw the case. However, during mediation and conciliation this is an acceptable demand.
• File for permanent injunction so that your wife and her parents may not enter your house.
• It’s also advisable to name her relatives who had threatened you or were involved in the suit to avoid any potential issues and to send a message.
• It is highly advisable that your parents should not disown you. Disowning is generally done through a newspaper advertisement and is done so as to stop the wife from entering your house. Doing so, any previously declared will would be illegal. That will can’t be enforced by law anymore. God forbid, if something happens to your parents, you will be rendered homeless.
• Instead of doing that, take the help of a lawyer in drafting a good will and get it executed. Your parents can pass on their property to you and vice-a-versa.
• It is better not to present yourself doubtful in front of law. This can create troubles for you.
• Leave your house only if your lawyer advices so. Else there is no point in being troubled unnecessarily.