I was married on 21 Nov 2011 and live in sultanpur in township and employed in a PSU. Right from the beginning my wife wasn't interested in staying with me and frequently used to visit her parents house in Faizabad. This continued for 3 years. whenever i talked about having a baby her words were that its too early and she wants to study. When i opposed she started harassing me and my parents. It is important to note that my parents live with me before my marriage and it was clearly told to their parents that they will continue to live with me. On 8 Jan 2015 her mother came to took her and she left the house. It seemed everything was pre planned. Late i found that she had locked the wardrobe and one side of dressing table which is still unlocked. In Sept 2015 a compromise happened and she stayed with me in delhi (I had been deputed to delhi for official work) for 15 days but did not visit my parents in the township at sultanpur. later i went to her home in Nov 2015 but she refused. I again went to her house in dec 15 but she again refused. Her mother clearly told that unless your parents leave the house my daughter will not come.Negotiations were taking place but all in vain. In between i was deputed to Bangalore(Oct 2016 to Mar 2016) for 6 months so a stand still occurred. Now when i have rejoined my division I got a call from Mahila Thana Faizabad that my wife has filed application against me , my parents and my sister(04) and their husbands. Moreover i also received a notice from court which stated that my wife has also filed case against me under Section 12 Domestic Violence. What to do. I have never gone to police station and quite afraid. What are the steps which i should take to ensure that my parents( Sr citizen 72 and 67 years) and sisters remain safe. Does this will also effect my job. Regards
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1.Do not worry.First check whether any 498A case is filed or not.
2. If yes then first take anticipatory bail.Getting bail has become quite easy.So there is nothing to worry on this account.
3.In DV case you will have to appear and contest the case on merit.
4.If FIR is still not registered then you can go to PS and participate in the mediation.
5. If FIR is registered once you get bail police can not touch you anymore.
In DV case apply for discharge of your 4 sisters and their husbands before trial court as there is no shared household
2) all sisters are married and staying separately
3) visit the mahila Thana mention that wife deserted you out of her own free will as she did not want to stay with your parents
4) file for divorce on grounds of mental cruelty
5) wife forcing husband to stay separate from parents amounts to mental cruelty
6)in case FIR is filed against you and family under section 498A of IPC file writ petition in HC seek stay of arrest
1. you should challenge the veracity of case, filed by your wife, under section 482 crpc before the high court.
2. this is proved fact that she does not like your parent. she used to live in parental home and very much reluctant to co-operate or perform her matrimonial obligations.
3. it also proved that she has imposed a condition for living with you.
4. you have tried to reconcile and settle this matter.
5. ultimately your wife abusing the process of law to harass you.
6. all the above said facts are establishing your case and prima facie prove that this is false and frivolous complaint hence liable to be quashed.
Thus she has gone to the police as expected.
Dont worry, this is the usual tactics played by the people of such nature who dance to the ill advise of their parents without realising the value of marriage or married life.
Now since you people have been summoned by police, if you dont attend then they may register FIR, hence attend the police station, convince them about her nature and her parents' attitude and the false allegations.
You can give a statement about this and can even inform police that you are ready to face her in the court by way of divorce becasue it is she who is not interested in living with you, hence you are ready to go for mutual consent divorce also.
For domestic violence case you may first appear before court and record your presence.
After that you may approach high court to quash and also stay the same as an interim relief.
1. The DV case has to be contested by you on merits. It is not clear from your query as to which reliefs have been sought by your wife in her DV case.
2. Go to police station to tell your side of the story. They cannot arrest you without serving a notice upon you. Once the FIR is registered then apply for anticipatory bail. Your job will remain unaffected once you secure bail from the court.
