• Harassment by wife and her family

Sir, my wife is giving harassment  for false complaint for  Dahez and family Mar peer to me and my family , as my all family members including me is doing job, but my Father & Mother's is not living with me, they are living 250 km Away from my residence city.
So sir, now I am scared for that,
Sir please help me to protect my Whole Family.
And sir my wife is working in judicial Dept. as clerk.
Asked 2 years ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
1) if your wife files false complaint under section 498A against you and your family members you will be called by police to record your statement 

2) if police find any substance in her complaint the police after investigations will submit report to magistrate whether any case is made out . 

3) you can obtain bail and contest case on merits . 

4) you can always file for divorce from your wife if you are constantly harassed by her on grounds of mental cruelty
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
1.  Do not get scared of such threats , more so, when you are innocent.

2. The marriage can not survive in the environment of constant threats and hence you should think seriously whether you want to continue this marriage or not.

3. If the intervention of family elders do not yield desired result then you should file a suit for divorce.

4. The 498A case has lost much of its sheen in the wake of recent supreme court decision and police hardly arrests the accused person without giving them enough opportunity to take bail.

5. You and your parents in the event of such case should easily get bail.

6. Put a very brave front and never show your nervousness on the face of such threats.
Devajyoti Barman
Advocate, Kolkata
6507 Answers
72 Consultations
4.9 on 5.0
1) record her threats 
2) never bow down to black mail tactics . 

3) inform your wife that you have not taken any dowry nor made any demands at time of or after marriage 

4) if she files false case of 498A you can obtain bail from court
Ajay Sethi
Advocate, Mumbai
26202 Answers
1423 Consultations
5.0 on 5.0
1. Do not be scared of such threats. 

2. If she files a complaint then obtain bail immediately. 

3. To threaten a person with false cases is in itself an offence. You should record her threats and then file a police complaint against her for threatening you with implication in criminal cases. 

4. If and when she files the case then contest it on merits.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
To avoid police action you should seek bail as soon as the case gets filed so that you do not have to go to jail.
Ashish Davessar
Advocate, Jaipur
19256 Answers
486 Consultations
5.0 on 5.0
Hi, if you came to know that your wife has lodge a police complaint then you and your family members must approach the court for anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
No need to worry, one option is that wait and watch till the filing of complaint.

the another option is that send an information cum complaint regarding the harassment and threatening for implicate in false cases against your wife and her family before higher authorities as NCW, CJI, HC and commissioner/Superintendent of Police.

if she file any FIR then immediately apply for Anticipatory bail before session court or High Court u/s 438 of Cr.P.C or file a quashing petition before HC under article 226 of Indian Constitution.
Nadeem Qureshi
Advocate, New Delhi
3731 Answers
140 Consultations
4.9 on 5.0
1. Your query is not clear,

2. has your wife filed ant complaint u/s498A for harassment for Dahez and Marpeet?

3. If yes, then apply for and obtain anticipatory bail,

4. After that contest the case with all evidence you have to disprove her allegation,

5. Develop good rapport withlocal police station.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0
1. Audio record all her such threats for sending you and your family members to jail by filing false complaints,

2. Lodge a police complaint against her for illegally threatening you as above,

3. This will insulate you to a great extend if she lodges any police complaint later on against you.
Krishna Kishore Ganguly
Advocate, Kolkata
13228 Answers
281 Consultations
5.0 on 5.0

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