• Fraudulent tendency to husband by wife before separate living and to file a case against husband

The pious marriage took place as per Hindu custom in Siliguri(W.B).Just within 6 months my son is facing tremendous threats of non cooperation.My son hereinafter husband has been leading life in troublesome condition for constant threat of false harrasment to her wife.He is working in Pune and his wife is also in service in Pune.She is threatening to leave the house and wiling to stay separately in Pune.She is blaming false complaints and is apprehended to approach Police.In such circumstances,what is the legal step to be taken against wife as well as to protect husband from the atrocities being done by wife.Would it be better to initiate case in Siliguri or in Pune.
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

If the atrocities being meted out to your son are criminal in nature, he can report the same to the Pune Police and request them to lodge a FIR and take action against your daughter in law.

Alternatively, your son and his wife, can seek help of a marriage counselor and try to improve upon their marital discord.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1) record wife threats

2) file NC with local police station regarding wife constant threats to file flase complaint against you of dowry harassment

3) if wife wants to separate ask her to give in writing that she left house on her own accord

4) that there have been no incidents of physical or mental cruelty after marriage

5) file for divorce by mutual consent after staying separate for period of one year

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Ask your son to file a NC with regards to the constant threat that the wife is posing .

Case will have to be initiated in Pune since the cause of action stays in Pune.

If the wife wants to separate ask her to write a letter saying that there has been no incidence of physical and mental torture.

The marriage is at a very nascent stage and therefore I would advise you to ask your son and daughter in law to resolve the disputes amicably, if possible in presence of the elderly members of the family.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Let me know if I can be of any future help

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since both of them are living in Pune, the vents reportedly taken place in Pune, a complaint will be maintainable in Pune alone.

If the situation is beyond tolerance then the husband can either live separately by filing a petition for judicial separation or can arrange for a mediation with the marriage counselled.

If she is apprehended to lodge a criminal complaint against him then he may first obtain AB before attending the police station for inquiry

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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