• Harassment by my wife and her family

I got married on 9th December 2016 , just after a week my wife starts behaving weird , got irritated in small small things . Always use to say " I don't like here , mera dam ghut rha hai" and started blaming me for each and every thing . She use to talk her sister and says m not liking it I'll commit suicide . After hearing all this my parents called my in-laws at our place . My wife's mother and brother came here and in front of them my wife shouted on her mother and we came to know that she hot married forcefully and don't want to be in relation . In six months of our wedding more than 3 months she stayed at mothers place. She forced me many times to leave my parents and stay near to her mothers house . Even her mom and sister provoked her to do so ,her mother even offered my financial help in shifting home. But I refused , since than she started arguing with me and my family , specially my mother. On 30 June around 1am she shouted forcefully in the silence of night . Because as always she was talking to her mom and sister . I was tired so I said cut the phone and talk in the morning. So next morning my mom went to my room and asked about last night incident . My mother asked her not to talk on phone so much . So she shouted on my mother badly , " main aise hi baat karungi kiske himmat hai to mujhe rok ke dikhaye." And she started packing her stuff and TOOK OUT HER MANGAL SUTRA and thrown that on table . Trying to leave for her moms home alone. We called her mom and told her about incident and requested her to send somebody yo take her home . She threatened us that let me go otherwise I call police. She abused me in front of my family even her mother abused me and my family with fowl language . Her brother came in couple of hours and se went her home with him. After 3 days me my father brother and uncle went to her place to bring her back. But there parents refused and asked us to appoint 2 maids for house hold work than only they let her go. After hearing all this we all came back . Since than not a single conversation between us and our family .
Plz guide me wat to do .... She don't want to stay with me not even I . Wat if she got PREGNANT ? ... AND WAT IF SHE FILES ANY COMPLAINT AGAINST ME OR MY FAMILY ?... 
PLZ GUIDE ME....
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

1)visit a family counselor to resolve your differences

2)it is better you start staying separate from your parents

3)it would insulate your parents to some extent in case false dowry harassment case is filed

4) record her abuses .

5) if situation does not improve even after staying separate file for divorce on grounds of mental cruelty on expiry of one year of marriage

6) if wife is pregnant try to save marriage for sake of the child

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Hello,

You can file an application under section 9 of the Hindu Marriage Act, this application is for restitution of conjugal rights and in case she files some complaint in future then you can show this complaint to the authorities showing that you always wanted to continue in the relationship also you can not stop her from filing a complaint at any stage, it is just that you will have to be well prepared in advance to fight the case.

I will advise you to mediate once before taking any step and in any view of the matter filing a Restitution of Conjugal rights will serve your purpose.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi

1. If you don't wish to continue in the marriage , can file for divorce after one year completion of the marriage, on ground of cruelty.

2. It is advisable that try to involve elders and family friends to mediate and find an amicable solution.

3. Your wife can file for domestic violence and ask for maintenance , if she does so you have sufficient defense that her behavior in the matrimonial home was cruel and she went away on her own by leaving you.Same with the case of complaint under 498A, police will ask you for your reply if she files a complaint. Your legal remedy and steps are different at that time according to the situation

4. wait till December and if she is not returning by then file for divorce and send summons from the court.

5. Once the Court summons her if she is also agreeable for divorce , you can end it amicably by seeking a mutual divorce.

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

This is too early stage of marriage hence you canot decide about dissolving it.

You may give the marriage another chance to save it.

You can remain silent for another three to six months, if she is still stubborn and not taking any step to return to your house, you may issue a legal notice demanding her to return, failing to respond or not willing to come back, you may proceed with your proposed divorce case.

She may try to wreak vengeance by filing false dowry harassment cases, you can take AB and challenge them in the trial court properly

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Dear Concerned,

Without delay go ahead and file application under section 9 of Hindu Marriage Act, for restitution of conjugal rights, do mention each and every pain points and illogical wishes and demands of your wife in the said plaint. This application will help in safeguarding your interest if any false cases are filed against you by your wife.

Best of luck...Stay blessed

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1) you have to file for divorce on grounds of mental cruelty

2) rely upon documentary evidence in your possession to prove mental cruelty

3) also rely upon statement of family members to prove allegations of mental cruelty

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

The development of family by arrival of a new member may hopefully bring some changes in both the sides, you may wait patiently before taking any drastic steps in this regard so soon.

Patience is the solution for the time being, yo may wait for more such developments which may bring permanent solutions to all the current crisis/problems.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Hello,

You can contact me for further discussion on the topic, you can file a case for divorce now, you can contact me at .

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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