• Wife harassing me and my family members

My wife misbehaved with my family right from initial days after marriage. Out of incitement from my inlaws, she often threatened to implicate my family in false case of IPC498a and also created false evidence by writing letters to her father citing harrasment from my family and often approaching police. She had been living with her parents for the last 04 years alongwith my 02 children and filed suit in family court citing maintenance. When the High court was approached seeking vidaai, her father one day left her alongwith my children at my home. Since that day she has been misbehaving/abusing my aged parents and myself creating ruckus on routing basis threatening to ruin my family. Children are suffering on account of education and lookafter besides adverse impact on tender minds with conditions prevailing at home. At times she has locked herself with children in room for days and police had to be called up to intervene as she is unpredictable in her behaviour. She has disguised police by talking to them maturely of responsibilities. She has also been referred to hospital for possible treatment, however she hasn't shown any improvement to the treatment and doctor has mentioned that her behaviour is more related to her personality. It has become impossible for me to carry on with her behaviour and simultaneously manage my children education, old age parents and my job besides my sanity. She has tried my extreme patience and now I feel she is incorrigible and want to divorce her for peace and for proper lookafter of my children. However, if  she/her family choses to counter it with IPC498a or case of harrasment, or insist to live with me what options do I have ? Pl. guide me on how to proceed while protecting my family from their nefarious designs.
Asked 2 years ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
1. I do not think in such volatile condition anyone is expected to lead a normal marital life.

2. Hence it would be prudent for you to proceed to dissolve the marriage preferably on mutual consent and if not then by way of filing contested suit for divorce.

3. in the contested suit fir divorce you have to take the plea of of cruelty and highlight the perpetration done by her on you and your parents over the years. Her mental illness can also be pleaded.

4. You can not avoid initiation of 498A case which is mostly the natural corollary or retribution out of  a divorce suit.

5. However you need not worry much about 498A cases as now police can not make over night arrests and you are expected to get ample opportunity to apply for bail.

6. once you get the bail which should be the routine affair , you can contest the case on merit. The 498A case hardly succeeds.
Best of luck.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Collect all evidence of her cruelty on you nad your family,

2. First of all try to seperate from the house where you are staying with your parental family,

3. Hope the house where you are staying now is in the name of your father and not you,

4. You are suggested to be seperated fron your parents by taking a new rented house inorder to insulate them from any future allegation to be filed by your wife later on,

5. Going to a seperate house, she may change,

6. If she does not change, then you can file a divorce suit on the ground of cruelty,

7. If she files retaliatory suits/cases u/s498A, DV case etc., you shall have to contest them fittingly,

8. In case of eventual case filed  u/s498A of IPC by your wife, all the accused shall have to obtain anticipatory bail from District court or High Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) consult a psychiatrist . obtain report as to wife mental illness 

2) file for divorce on grounds of mental cruelty . cite incidents mentioned by you regarding her abusive behaviour to your parents . 

3) record her threats . it will help you in proving your case . 

4) if wife files 498A /DV case contest it on merits . 

5) also seek child custody mention that she has tendency to lock kids in room for days at an end and she is not in fit condition to take care of the kids
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Hello,

1) If you need to go ahead and file for divorce as you realize that , that is the only way ahead you can either do so on mutual consent and if she is not willing to do so file for divorce on grounds of cruelty.

2) You can also cite her unstable mental status and the doctor's recommendation for treatment with his notes as grounds for divorce as the children can not be safe with her and their future would be in jeopardy.

3) In case she files criminal complaints against you including 498A, which she may, you can contest them on merit and as such you need not be worried about them. You will have the opportunity to apply for bail and possibly even avoid arrest.

4) In the meantime make a record of her threats and collect all possible proofs to substantiate your allegations in the court in the divorce proceedings.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi, you can file a petition for divorce on the ground of cruelty and form your narration i think you may able to prove the same before the Hon'ble Court.

Secondly, if she filed the complaint under 498/A of the IPC better you and your parents has to approach the Hon'ble Court for anticipatory Bail and you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If the cruelty from your wife does not abate then you may file for divorce on the ground of cruelty. You will need direct proof to succeed in the court. 

2. Under the given circumstances it is advisable to move to a separate accommodation to protect your parents from being implicated in false cases by your wife. 

3. It is true that your wife may hit back by filing false cases of domestic violence and dowry harassment against you. However, you will be given ample opportunity to contest her cases on merits and get bail.

4. She may also sue you for maintenance, a claim which you can defeat if she is earning on her own.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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