• I don't want to live with my wife but her parents threaten me

I don't want to live with my wife as she always keeps on doubting. Actually, my gf before marriage wroted Love letters to me which she founded after marriage. She never believed me that i Don't have affair after marriage. She and my mother fights after every two weeks. if i say to her to move on rented house she never agrees. my father bedakhal me by issuing public notice. Whenever i ask for divorce her father and brother threaten me. say tere baap ka raaz hai divorce de dega. Three days back i was talking to my female friend. she saw me talking on Whatsapp. she said from now she will not make food. apne aap bna apne aap kha. also said u enjoy talking with prostitutes means my female frnds. Please tell what should i do? how should i prove that she don't make food for me. for to collect proofs or such incidents. like not moving to rented house, denying food and threatening me and my parents by her, her parents and brother.
Asked 8 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

Hello,

This all amounts to cruelty and you can file divorce on this ground. Statement made by husband as per section 120 of Evidence becomes admissible and does not require any strict prove.

Also you may record such incidents in form of audio or video recordings.

Let me know if I can be of some help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

shift to rented flat

2) if your wife refuses let your parents file suit and seek court orders to direct your wife to vacate portion of house in her possession

3) seek permanent injunction restraining her from disturbing their possession of the house

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

5) wife accusing husband of having extra marital affairs amounts to mental cruelty

6)i f wife files false case of dowry harassment apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi

Everything you mentioned here amounts to mental cruelty and that could be ground for divorce petition. File under 13(1) HMA for divorce and also file a criminal complaint against her brother and father for threatening you. Not making food is not a crime legally but yes threatening you and ill treating you is a ground for divorce.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Respected sir..

If you don't want to live with her just file a divorce petition under section 13-A of HMA...And mention all such ground in your petition ...You are living in a democratic country here no one can force you to live with her/him ..And after the divorce petition if her brother and father gives you threats just make recording of that and lodge FiR against them then police and court will see them ...No need of worry and yes don't tell anyone that you are going to take this step else your wife will file fake cases against you ...Your divorce petition prior to her will play a crusal role through out the case ..

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

You may obtain Anticipatory Bail, this will just protect them from arrest.

You can not stop her from filing an FIR, your father and sisiter are guilty or not will become a matter of investigation.

Thanks

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) Stay separate from your parents in rented flat with your wife

2) it would insulate your parents to some extent in case false 498A case is filed against you and your family members

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you should visit family counsellor with your wife to resolve your differences

in alternative call meeting of elders to resolve the impasse

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

False 498A case will not harm you or your parents.

You told that you have been disowned by your father then you will may not have to face the 498A , still if she files the case you and your family will easily get the bail .

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Your selection is wrong.

2. Assemble gathering of the elders of the both families and come to an understanding, if do not agree with your terms make a record of the same in writing and get signed by all the persons present in the gathering.

3. Send her out of house and issue a notice for divorce on the basis of such Panchanamma.

4. Or just adjust with her and give her all the rights she wish to have.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. If she does not mend her ways then you may consider filing a petition for dissolution of marriage on the ground of cruelty. Record all her acts within the four walls of the house which can prove that she has treated you with cruelty. In a contested divorce petition the petitioner has to prove his allegations in order to get divorce.

2. If and when she files 498A then apply for anticipatory bail to preempt your arrest and detention.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

To write the whole answer is not possible for me. As you may also write the question only not the situation

Please Call or whats app on (Nine seven one seven eight three two seven five five) to me. If you have further questions, would like a file the case and need advice for the same or have any challenges in the process,

Better advice can be given you only after have detail discussion with you. For further discussion & information about your case feel free contact me

Regards

Adv. Vikas Pandey

Vikas Pandey
Advocate, Delhi
26 Answers

You dont require to prove her cruel acts of not cooking food for you or not cooperating with you or not willing to conjugate with you or her character of constant nagging etc by any documentary evidence.

You may plead them in the divorce petition, if you propose to file a divorce case agaisnt her provided the situation is intolerable.

You may decide to give another chance to her in order to save your marriage and reconcile the difference between you both, if possible.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

She herself never talks to me but always say to me that i never talk to her. I always talk to another girls. i have female friends. She harrasses me front of neighbor that i am characterless. and talks to another girls.

If it is possible, you may stop talking to your girl friends at least in her presence to make her feel that you are her husband only.

If you feel that the situation is intolerable then you may decide otherwise.

Dont worry about her parents threats, you may file contested divorce case agaisnt her if she is very arrogant and not changing herself or her attitude with you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

How should i protect my parents and small sister from 498A. My father always say have patience because they are afraid that if we go against her. she will file false case of 498A. She secretly listen me and my parents conversation and keeps checking my phone while am sleeping. if am on call and her call come on waiting she says jinse bahar lage hue ho lage raho. ab batati hu. How should i protect my parents..

You cannot stop her from giving false complaint against you or your parents or your sister.

If she is lodging any criminal complaint against you all, then you should first obtain anticipatory bail for everyone and then challenge her false case properly in the trial court on merits and documentary evidences in your support.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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