• Blackmailing and mental torture by step mother

Hello sir, my mother died 9 yrs ago my father took care of me. When I went some other place to study dad met a woman . Since dad felt lonely he talked to her n she used him. Dad wanted to marry her after my marriage but she forcefully married my father. After the marriage she started torturing him asking him to transfer all the properties in her name. She even asked my dad to abandon me. When my dad repelled she went to police station and lodged a complaint against him . Now what can we do plz help
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) father should refuse to bow down to her blackmail tactics

2) file for divorce on grounds of mental cruelty

3) wife forcing husband to transfer property in her name amounts to mental cruelty

4) obtain AB if false divorce case is filed

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) was marriage solemnised in temple as per Vedic Hindu rites

2) did pandit solemnise the marriage

3) if so your father need not marry her under provisions of special marriage act in court

4) if there is no valid marriage done in temple father should refuse to marry her

5) contest case of sexual harassment filed by the lady

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1) your father should not have signed the settlement bond . your father can atke the stand that he was forced to sign the settlement bond under police pressure .

2) only after FIR is lodged your father can obtain bail and contest the case

3) better ask father to execute gift deed of his property in your name .take possession of the property

4) in alternative sell the house . shift to rented house

5) lady wants to marry your father only for money . if she sees that there is no property in father name she would have second thoughts

6) if pandit has solemnised marriage in temple as per hindu rites his testimony would be crucial in the case

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. The police will call your father now for conducting investigation which your father should attend to and co-operate with.

2. If finally, police registers FIR against your father, he shall have to avail Anticipatory Bail from the local court and then contest the case fittingly.

3. If your father so decides, he can file a divorce suit against his wife on te ground of cruelty and lodging false complaint is also considered as cruelty as per order of the Supreme Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Under no circumstances your father should marry her since it will spell disaster on him in the long run.

2. He should send a complaint letter to police under copy to the S.P./D.C. by speed post alleging that she is forcing him to convey title of his properties to her and marry her against his wish.

3. If the police fails to act, he should file a Writ Petition before the High Court against police inaction seeking relief and protection.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Case will not start unless FIR has been registered.

2. If your father has already performed civil/religious marriage then the marriage is over.

3. He can not deny that he had married her on the ground that he does not know whether the Pandit has recited all the Mantras or not.

4. it will be prudent on the part of your father to negotiate with her and jouintly file a MCD petition after agreeing to mutually settled terms for signing the MCD petition which will be decided within 6 & 1/2 months from the date of its filing.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The bond purportedly written by your father in the police station is unenforceable at law. Such things are done by greedy cops only to make money. However, the fact remains that your dad has already married her, so now he can file for divorce against her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. If the FIR is not lodged then there is nothing to contest. Once the FIR gets lodged then apply for and obtain AB.

2. Your dad can file divorce, but he has to be prepared to face the false cases which she is most likely to file.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She even asked my dad to abandon me. When my dad repelled she went to police station and lodged a complaint against him . Now what can we do plz help

What was the complaint she had given against your father?

What was the reaction of your father?

Your father can obtain anticipatory bail first and then attend the inquiry session as well as challenge her false case before court.

He should not arrive at any compromise to settle her any property if she is behind the properties.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Sir she had applied a complaint of sexual harassment . Though the FIR hasn't been lodged the investigation officer made my dad to write a settlement bond in which it is written that my father has too court marry her within one month . N now the IP as well as certain women are regularly calling dad n me and asking when are we ready for marriage. What should we do next{? My father had married her in a temple.

You may become aware that even the marriage performed in a temple before some witnesses is valid in the eyes of law, hence the court marriage is not going to make any big difference.

Let your father agree to marry her before the marriage registrar once again.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Sir the FIR hasn't been lodged then also can we contest case? What do we have to do in contest case? The marriage was just a simple one just putting of wonder while the pandit read the mantras. Moreover there is only a photograph of my father and the women standing together after marriage which is kept by the lady. So what should we do? And what about the settlement bond will it be legally valid? As it has been written by my father and signed by her party.

The evidences what you have stated to be in her possession are very much valid and that is enough to prove the marriage that has been solemnised between both.

There fore there is nothing to challenge the marriage at this stage.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer