• Regular harassment by girl and her family

I got married in 2008, girl filed the 498a,307,34,406 case against me and my family in 2011 and we all got acquitted by court after trail in 2015 on the basis of compromise. 

After court decision girl only stayed with us for around 1 year from 2015 to 2017, during this tenure she filled the police complain two time through 100 no which she took back as police asked for getting her medical examination done. 

Due to her aggressive and threatening behavior in 2016 aug we also filed the intimation cum police complaint in police station against her and her family, in September she went back to her family place and now after one year again she and her family has started threatening us that they will again file false complaint against us and put all of us behind bar.

during complete marriage tenure she only stayed with me for 4 year out of 10 years

Note : her father is in police and having good connection with police and some of the people in judiciary please suggest how can i secure my family and myself from false case and can i file divorce case and what precautionary step i have to take & how can i stop her from entering my home forcefully as house is not in my name and moreover my parents have already disowned me around 1.5 year back , as our case can not be settled through mutual consent.
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1. Yes you can file the case of divorce on the ground of cruelty, as per the order of the SC filing of frivolous complaints on behalf of the wife amounts to cruelty.

2. You can file a suit for injunction in order to stop your wife from entering your home, the same will be done after you file the divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Let me know if I can be of further help.

Regard

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1) your parents can file suit and seek injunction restraining their daughter in law from disturbing their possession of the house

2) DIL has no right to stay in in laws residence

3)if wife files false case apply for and obtain AB from sessions court

4) you can file for divorce on ground of mental cruelty

5)wife threatening husband and in laws amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

If you have evidence to prove that she has been threatening you right from the initiation of matrimonial acrimony then you can register a complaint under section 504/506 of the Indian Penal Code before the magistrate under section 200 of the code of criminal procedure. Once the magistrate takes cognizance of this case on your complaint then any allegation made by your wife in separate case shall be treated as counterblast and it would be clubbed with this complaint. For getting protection you have to file this complaint because if you have not initiated any legal proceeding in formal way you cannot challenge the false criminal proceeding of your wife. There is no law which prevents a person to register a case therefor you cannot take any stay order from the court to prevent her from registering any case against you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If this is her attitude, you should contest a divorce case against her on the ground on cruelty. This is so because she is in tendency of slapping false matrimonial cases, and you'll have already been acquitted in one such case filed by her. Go ahead and file a divorce.

Your father being the owner of this house, he is competent to restrict the ingress and egress of anyone, if he so desires. This, he may restrict this girl too from entering this house. If she uses force, he can call the cops.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

You should immediately approach the Family Court and file a divorce petition.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. Collect evidence of her such threats given for lodging false complaint against you and your family members.

2. Thereafter, lodge a police complaint against her for threatening all of you about lodging false complaint against you.this will immunise you to some extent in case of her filing any false complaint in future.

3. After that ask your mother to file a DV case against her for torturing her.

4. You should take up a rented house nearby ( in papers) and inform her about it (though you can stay with your parents with out keeping any record of such stay)

5. Let your father then lodge a police complaint against her cruel acts on him and he should then file an application before the Court praying for a stay order restraining her entry in to his house on the ground that her husband being yourself, no longer stays with him being disowned by him.

6. If police refuses to take any action against her, he can file a Writ petition before the High court against police inaction seeking relief.

7. Finally you can file a divorce suit on the ground of cruelty against her.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1) apply for and obtain Anticipatory bail from sessions court in Jharkhand

2) 2 FIR cannot be filed in respect of sane cause of action

3) file for quashing of FIR in Jharkhand

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Frequent police complaints and harassments are solid grounds for cruelty.

Since you have already have experience in court cases and alos police complaints, you should not be deterred by their fresh complaints, you can challenge them in trial this time based on the evidences in your side.

You can go ahead with the filing of divorce case as proposed on the grounds of cruelty.

If she once again indulges in registering false police complaint as a retaliation, you can very well challenge her false cases on the basis of previous disposed cases as evidences and merits in your side.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

since she has already lodged a criminal complaint with Gurgaon police, another similar complaint with a police out of the jurisdiction simultaneously is not maintainable.

You may immediately file a quash petition before Jharkhand high court to quash the FIR pending in that police station citing double jeopardy and jurisdictional point as grounds seeking to quash.

You can plead her father being a police himself has influenced local Police to register frequent false complaints against you people and can produce the previous history of police complaints and compromise etc before high court of Jharkhand.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Hello,

the same is barred by res judicata

Appear before the jharkhand women cell and inform that the investigation of the same matter is pending before the women and get this complaint dismissed on this ground.

regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. Six months back when you had posted your your problem first, you were given certain advice. Did you follow the said advice?

2. The sections added against you are baseless and have been filed to harass you and your family members which you should bring forth before the Magistrate strongly.

3. She can not file two separate complaints u/s498A of IPC at two different police stations based on the same cause of action. As per law, she can not seek parallel remedy.

4. First of all avail AB for all the accused from the Court at Jharkhand and then bring the fact of seeking parallel remedy by your wife from two different courts should be brought by your Advocate before the Court.

5. If both the complaints have been filed based on same cause of action, the second one will be dismissed.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

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