• Want divorce - relatives and in-laws torturing my parents

I am in USA. I am the husband. We got married (arranged) on Feb this year. She came with me in USA to fulfill her relatives wish of USA dream. To apply and get her visa I became 1 month late returning to my job in USA. She and her family are not helping at all. They always complain on false things and lies. She used to rest in here and after whole day work I used to cook meals at night. She continued her lies even to my parents that she cooks for us, then I objected and she started shouting and made a mess in house here in USA. After that every day evening she used to scold me and my family members loudly till late in night while talking on phone to her parents. After that she demanded return ticket back to India but her parents forced me not to do this. She use to threaten me to call police or suicide or shout and gather people. I broke mentally and stopped being physical with her. After that she used to jump upon me in night I had to free myself forcefully. She started blaming me that I torture her and continues false allegations to her parents and demanded divorce from me. By force I talked to her parents about the situation and sent her back with one of my friends' wife on April 14. 

After going back to India she and her relatives started blaming me. I did not keep any conversations with her or her relatives. I described the situations to my relatives and my parents started supporting me. She lied that she did anything that had happened here and told that I tried to kill her in USA. They threatened my relatives and while my relatives asked for divorce they have started torturing my parents and elder brothers (one is unemployed and another govt employee). Her parents made a rule over our house that my wife would not cook any food and I give money to home and forced my sister in law (wife of unemployed bro) to cook for their daughter. 
Last week her parents, brother came with some of 'their local Gundas' and dragged my parents outside house and gathered people and started blaming about torturing their daughter while no one had even talked to her.
They arranged a "judgement gathering" without any legal person or representative and found my parents guilty and tried to beat my parents. Please help us because they are rich and said to have political connection. They have threatened me that if I don't return India by Dec 14 they will take action through US embassy. What should I do?
Asked 3 years ago in Family Law from United States
Religion: Hindu
1) your  best option is to file for divorce  on grounds of mental cruelty . 

2) you should install CCTV cameras around your parents house . 

3) post security guards around house . 

4) record all threat s received by your parents . 

5) your parents can file complaint of criminal intimidation against them 

6) in the alternative tell your parents to sell their house and ask them to stay with you in USA 

7) be prepared that if you file for divorce your wife will file false cases of 498A / Dv against you and your family . 

8) in such a case seek anticipatory bail from session court . as per recent SC judgement it would be easier for you to obtain bail 

9) dont bow down to her black mail tactics
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

Dear Querist
If you are not ready to live with her then file a divorce case against her before court under section 13 ( 1 ) (ia)of Hindu Marriage Act 1955.

You may send or your parents should send an information cum complaint to higher authority regarding your apprehension of mis happening or implications in false case.
The higher authorities like commissioner of police,  NHRC NCW CHIEF MINISTER OFFICER WOMEN CELL ETC
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. No marriage can survive under the spell of threat and intimidation.
2. All their actions are fit to be brought to the notice of the local police station o0n which basis appropriate legal proceeding can be initiated.
3. If any FIR is registered against you, then first seek bail and then fight the case on merit.
Devajyoti Barman
Advocate, Kolkata
12802 Answers
165 Consultations

5.0 on 5.0

1. It appears that you two did not gel from the very begining,

2. You should have collected evidence of her torture on you through audio/video recording since all your allegations should be supported by adequate evidence,

3. Now, ask your mother to file a case under DV Act against your wife alleging against her torture,

4. To collect evidence of the acts of herself and her family members, install camera at appropriate places,

5. Lodge a police complaint against her and her family members if they further torture you,

6. You file a Divorce suit on the ground of cruelty,

7. Since your paternal house at India is her matrimonial house, it will be difficult to evict her when you are not staying in India. had you stayed in a rented house in India then your father could have filed an eviction suit against her on the ground that her husband does not stay with his parents and she should stay with her husband.
Krishna Kishore Ganguly
Advocate, Kolkata
18410 Answers
447 Consultations

5.0 on 5.0

Your parents or brother need to file a complaint to the nearest police station against her and her family members for threatening them etc. File for divorce on the grounds of cruelty. when you do that there might be a counter case against you and your family on the grounds of 498A and harassment etc. File for anticipatory bail in the court and fight your case out. it would be better that you take your parents with you, if you are feeling that your brothers here are not able to take care of them properly.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

1. You may file for divorce on the ground of cruelty. 

2. To prove cruelty you will be asked to lead evidence of your the torture you suffered at your wife's hands. Instead of rushing to file for divorce you should first collect proof of your wife's cruel conduct so that you have a robust case if and when you go to the court. To this end, you should record any conversation you have with her.

3. Your mother should file a domestic violence case against your wife. In addition to this, she may also file a complaint for criminal intimidation. Let them install CCTV cameras in and around house to prove the felony of your wife.

4. Since the house in India is owned by your parents she cannot claim matrimonial rights therein. The owner of the house has the right to evict her by filing a lawsuit for eviction in the civil court against her. 

5. In the event that she initiates, subsequent to the filing of a complaint against you in India, through the Indian Embassy in US the procedure to bring you to India to stand trial in an Indian court, you should immediately file for anticipatory bail in India.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

there is distinction between matrimonial dispute and criminal activity. your in-laws has committed criminal act then your father have to lodge FIR against them. you & your wife can't file divorce case within one year of marriage. these all acts have been committed with a view to compel you to live with your wife on her terms. collect all evidence and talk with relatives of both sides and engage them if they can reconcile both parties. try to amicable settle this issue by putting social pressure. show some courage and show your wife that now you can take any step in order to protect your parent. then pressure would be mount on your in-laws and all these things will be managed.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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