• Wife blackmailing to file a false case against me and family

I am working as software engineer. Previously I was working in Bangalore. Due to family issues I left bangalore and moved to my hometown and currently working from home from my hometown since 3.5 years to protect myself from my wife & in-laws. I got married in 2012 and having a son. My wife used torture me to completely isolate from my parents and siblings from the initial days of my marriage. She took an advantage of indian law 498A and filed complaint on me once in 2014. But, no FIR filled because, in the enquiry she couldn't prove anything because I supported her a lot and I only spend lot of money after marriage like purchase of gold and supporting her family. We have all dcouments as proofs, so she took back her complaint by agreeing like my parents/siblings/relatives shouldn't come to my house and completely should isolate. No one from my side, not even spoken with my wife since 3.5 years. They haven't come to my home at all. After my wife took back complaint, I took seperate home away from my parents and she stayed with me only for 3 months. We have at home landline & mobile. She maintaied one secret mobile, but infront of society, she spread like she doesn't have any mobile/communication mechanism to communicate with her parents. One day she caught with mobile and she felt guilty. She told like she will be back in 4 days and left along with my son to her parents home. Then she switched off mobile for few days and didn't come for 1 year. I scared to go to my in-laws home and meet her. I called her couple of times and no response, So I stopped thinking about her. I stayed seperately from my parents even she left me for 1 year. After 1 year, she called me and said she changed a lot and will be back, we need to admit son in school. I told her to take time and think and if she really willing to stay without any issues, can come back. After taking 1 month time, she came to my home again. Currently I am constructing home in my hometown and to settle there itself. If I go out for 1 hour and come back, she starts fights like I went to my parents to, so they are brain washing me. She maintain secret contacts and whenever I visit my to my parents home, she will torcher me. My parents are very much elder above 63 and they sacrifised their life for my education. I am in a situation now I have to scare to visit my parents also with my wife's activities. I stressed mentally a lot. Sometimes, I decided to go away from everyone because of this much mental stress. I completely lost/sacrifised my life and parents/siblings. She want to stay in her hometown along with her parents. She is trying to make me bad infront of society to get proofs like I am not taking care about family. She is threatening me again like she will file a false complaint again on me & my parents and siblings. Every time, my wife blackmailing me along with her parents. They know how law supports ladies and misusing. How should I handle this situation?
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) file for divorce on grounds of mental cruelty

2) wife forcing husband to stay separate from parents amounts to mental cruelty

Wife abusing husband amounts to mental cruelty

Wife threatening to file false complaint against husband and in laws amounts to mental cruelty

Don't bow down to wife pressure tactics

Ajay Sethi
Advocate, Mumbai
97638 Answers
7903 Consultations

1. Do not worry as 498A case has lost all its nuisance value with it.

2.So even if FIR is filed you can easily get bail both for you and your family members.

3 Since the case is false the acquittal of the accused person is foregone conclusion.

4. Do wait for further time and file a divorce suit.it will help if she files case u/s 498A IPC.

5. However if she is unemployed then you will have to provide maintenance to her.

6. Do note the more sacred you would become the more difficult it will be for you to fight this blackmail.

Devajyoti Barman
Advocate, Kolkata
23358 Answers
524 Consultations

Of you do not want to stay with her then you can file a case of divorce, and this can be filed on the ground of mental cruelity or on the ground that she filed a false case.

Also if you think that things can be sorted then you can talk to her in presence of the elderly members of the family.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

Hii,, it is really unfortunate to know what you are going through.. The problem is with your wife nature and her mental status.. I can Understand a man wants to give comfort to his parents when he become self capable after all thier efforts throughout life.. 2) my advice is to do what your instincts tell you and what is morally right.. Do not get tensed or scared by any legal proceedings as she has already done it before and if she files again it will not be entertained since she withdrew the first application..unfortunately our legal system is inclined towards women and most of them are taking due advantage of it.. Make up your mind , and do what is right,, if she files any legal proceedings we will fight with it..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

1. The earlier complaint filed by her did not fructify into a FIR. She can again file a fresh complaint. You should record her cruel acts within the four walls of the house by installing CCTV so that you have evidence to prove your innocence.

2. You are free to file a petition for dissolution of marriage on the ground of cruelty in the court.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

You first secure the details and documentary evidences of her previous complaint and the disposal details.

This will help you to protect you from her recurring legal onslaughts.

You can decide whether to continue the married life with her anymore or to dissolve the marriage by a decree of divorce on the grounds of mental cruelty.

There is no legal impediment to file a divorce case even if you both are residing in the same house.

You can consult a local advocate and move ahead on the proposed action

T Kalaiselvan
Advocate, Vellore
87833 Answers
2366 Consultations

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