1) records her threats . file police complaint against wife of her constant threats to file false cases against you

2) wife has no share in your parents property

3)file for divorce on grounds of mental cruelty

4) seek custody of your daughter

5) wife abusing husband amounts to mental cruelty

6) wife threatening to file false cases against husband / in laws amounts to mental cruelty

1. Each time she threats you, start lodging general diary through email. Get hold of the email id of your local police station. Stating facts and state it is for information purpose and no action to be taken.

2.Ask your parents to disown you legally on papers citing a valid reason

3. Be calm, aggression is the key to failures, protect yourself each time with a general diary.

4. If you are allegating your wife is a mental patient get hold doctors certificate or medical certficates to prove such but law says you cannot leave your ailing wife, so what next, take it in writing from her over whatsapp calmly of how she wants to trap you in greater trouble. Plus get hold of ample proof that she doesnt want to live with your parents and also she is reluctant towards her responsibilities. For further clarification a brief discussion is necessary

1.There is no way to deal with constant threats.You will have to either endure it silently or start staying separately from her.

2.Wife has only right of residence in the proeprty owned by husband but she ahs no right of any share therein.

3.There is no preventive measure.if she files any case you will have to defend it as per merit.

4. If you cannot bear this tortures anymore you can dissolve this by way of mutual divorce or of she does not agree then file contested suit for divorce.

1. Probably, you should start records all this. The evidence that you'll collect now is going to help you in court, at any time you approach the same.

2. No.

3. Depends on what you. If you believe that this marriage is beyond repair, I'll advise you to move out of this.

4. File a divorce under section 13(1)of the Hindu Marriage Act.

Q.1 How do I deal if she threatens me again?

The violence that affects a person’s life in every way – physically, mentally, emotionally and psychologically is known as Domestic Violence. Domestic violence against men is almost nil as there is no provision in any law to protect a man. As a result of which we have many cases where women use their rights in making false complaint against their husbands with the motive of harassing them.

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.

Collect as many pieces of evidence as possible

• Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.

• Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.

• Collect evidence to prove that she moved out of the bond of marriage for no valid reason.

• This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.

• Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.

Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.

Q2 can she claim on my parents property?

She have no right over your parents property.

Q3. How can I protect myself in the future ?

Amicable settlements and conversation is the better solution. Meet a physiologist and if needed a psychiatrist .May be the hormone imbalance and or greedy nature leads a miserable life.

Q4 how can I get out of this marriage and end my suffering?

File a divorce case against her under the ground cruelty

In K.Srinivas v. K.Sunita where the Apex Court held that it is a settled point of law that if either spouse lodges a false complaint, it would invariably amount to cruelty and would enable the other spouse to file a petition for divorce. Whenever a complaint filed by the wife against her husband under Section 498A, IPC is rejected, and the husband and his family members are subsequently acquitted; then it can be said that the complaint filed by the wife is fraudulent.

Other grounds of cruelty against the husband are-

• Adultery by wife during the lifetime of marriage.

• Misuse of Section 498A, IPC, the Domestic Violence Act, 2005 and other laws.

• Desertion by wife

• The Cruel behaviour of a wife.

• Initiating criminal proceedings against the husband and his family members with malafide intention, etc.

Hello,

1) If she threatens again you must involve family members and initiate dialogue to find out what upsets her and seek a remedy and sort out the differences amicably.

2) The wife cannot claim anything from your parental property. She can't either stake claim on your property unless joint, however she can claim alimony if she files for divorce and maintenance and succeed if she is unemployed and has no means.She cannot take away the daughter. You can seek Custody in case of divorce.

3) There's no protection as such. What you can do however is to lodge a non cognizable complaint in the police station about the quarrels so that there's record to show she is a trouble maker and this will help in case of future litigation.

4) You can file for divorce on grounds of mental cruelty and contest your divorce or if she is agreeable for for divorce by mutual consent.

Hi, it advised to settle the matter amicably since the Indian law is more inclined towards women and her false complaint may get you in trouble for sometime ..2) she do have any claims over the property of her In - laws 3) in India getting contested divorce will be very difficult ,, it is advised that you file divorce in New Zealand as law is more liberal there

Marriage in India is regarded as the institution of unification of a girl and a boy to acclaim the social status in the society. It is often like an institution created by itself. But sadly these days, this institution of marriage is easily broken. So the answers to your questions are-

1. Simply file a police complaint in your nearest police station if she threatens you again.

2. No, she cannot claim on your parents property

3. You may apply for an anticipatory bail if and when she files a complaint against you. When any person apprehends that there is a move to get him arrested on false or trumped up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, he has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Also, lodge a complaint against her for threatening implication in false cases.

4. Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse. You can take divorce on the grounds of cruelty and get out of this marriage and suffering.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Dear Querist

My opinion on your queries are as under:-

Q.1 How do I deal if she threatens me again?

Opinion:- Immediately file a divorce case based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955 and fight the case on merit.

Q2 can she claim on my parents property?

Opinion:- No, She can not claim anything from your parents.

Q3. How can I protect myself in the future ?

Opinion:- After filing the divorce also claim injunction order against her.

Q4 how can I get out of this marriage and end my suffering?

Opinion:- Divorce is only option you have either contested or by way of mutual consent.

Feel Free to Call

You can file non cognisable report to the nearest police station mentioning about the all the facts and threats. She do not have any right over your ancestral property. The only way is to get the divorce decree with the help of the court and let the court decide the alimony amount according to the merits of the case.

1. You may record such threatening and file a complaint in the police station.

2. No she can not claim your parents property.

3. By filing a complaint before the police station, you may save yourself.

4. You may talk to her for mutual consent divorce and if she does not agrees then you may file a contested divorce.

Regards

Dear Client,

Start recording proof of her threats. As much proof, that much benefits.

Wife haves no right in in laws property, they can banish her anytime they want but u cannot absolve to maintain her till not divorced.

As already advised, keep records as proof of all torture, threats,

Continuous mental suffering/ threat enough to grant divorce in your favor such torture/threat need to prove in court.

Right to daughter in only exceptional cases given to father.

Q.1 How do I deal if she threatens me again?

Do not worry. Whenever, she threatens you contact me through this website. I will guide you what to do.

Q2 can she claim on my parents property?

No

Q3. How can I protect myself in the future ?

Already answered

Q4 how can I get out of this marriage and end my suffering?

I will guide you when you contact me.

She has no rights for any share in your own property hence dont be worried about her vague claims this way, no suit or legal action claiming share in your parents property will be maintainable.

Her other false cases may be challenged on merits in the trial court if she files of lodges any.

If you are not interested or willing to continue this marital relationship, you may file a contested divorce case on the grounds of cruelty.