• Divorce

I have filed case against my wife under special marriage petition act 27( 1) in dec 2017.the case was sent to mediation cell.in mediation cell she told that she is not ready to give divorse.
at present my wife is staying in my house alone. i am paying the rent of house, maintainance of house,electric bill of my house and also the bill of food grain . my wife is working.
my wife comes to my office she shouts at me gives bad words insult me she want to spoil my carrier she comes to my house where i am staying there also she shouts insult me , my parents stay in mumbai if i go there to stay for few days she also comes there and insult me she phones me and blackmail me gives suicide threat, wrong alligation that affair with office girl, 
first question how i can stop her from coming to my office 
second question how i can put on the court record the maintainance which i am giving
third question how can i prove if she has mental disease
how the court can protect me from my wife tourture
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

You can keep the rent receipt, utility bills etc with yourself to show that you are maintaining her.

For the nuisance being created by her you can file a police complaint.

You may request the court to order a test before the doctor to check her mental condition and give a report on the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Firslty, the best way to stop her is to file a police complain against her stating that divorce case is pending, but she still comes and defame you time and again.

Secondly, start transfering the same in her bank account if not till now, and do watch the copy of the same to the police with that police complain.

Thirdly, try to contact her doctor and get information about her. Documentation must be specifically.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Sir file a police complaint her for harassment and intimidation.

Your parents can seek a restrainment order against her from the court.

Further if she comes in office again file a police complaint. Also if any cctv footage of office submit as evidence before court.

Further suit all the bills rent receipt as evidence of maintenance you are giving to her.

Along with reply or separate list of documents.

See if any medical report previous regarding her mental problems it can be produced. Further you can pray before.court for her medical.report from a psychiatrist.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) All above points which you have mentioned that you need to prove in the court of law against her.

2) Tell court that your personal life has been distributed due to wife always coming behind you in office and in parents house. Plus she abuses you alot.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) obtain court order restraining wife from sending you emails , messages , coming to your office / residence

2)only report of psychiatrist would reveal whether she is suffering from mental illness

3) restraint order would protect you from wife torture

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

How I can stop her from coming to my office?

You can approach the police against her harassment and intimidation. Or file a petition in your present case and obtain court order for restraining wife from coming to your office, using abusive words and threats and mental harassment

How I can put on the court record the maintenance which I am giving?

A Hindu woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties. Use all the original bills, rent receipt as evidence of payment done by you. Next bills should pay by online through your account, So you can easily and sufficiently prove your arguments before the court. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance. A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband.

How can i prove if she has mental disease?

File an application before the court for checking mental health condition of wife or a physiological counseling for your wife and produce the doctor’s report after counseling

How the court can protect me from my wife torture?

If you file proper petitions for getting protection against threat, mental harassment's, defamatory statements, court can help you

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

It should not take more than month to obtain interim restraint order

Maintenance amount depends upon your income , wife income , standard of living etc

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Court can give a restrain order in first hearing to your parents till the notice is served.to her as the property is of your parents and they can restrict her from entering it.

Further yes you can reduce as there is no court order directing you to do so.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

how much time it takes for obtaning restraint order

within two or three postings of such application

can i reduce my maintainance amount which i spend for my wife

Yes you can

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

You cannot stop her from visiting your office because she dos in intentionally, hence you may ask your office management to not to allow her in the office who if not stopped may create problems in the peaceful working atmosphere.

If you have records for her employment and salary income you may file a petition seeking to revoke the order of maintenance owing to this fact which she has suppressed before court.

For her mental disease you may have to procure her medical records and produce before court.

The court may not be able to protect you from her tortures, but you can approach police for protection.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

how much time it takes for obtaning restraint order

For tortures, the civil court may not come to your rescue in the form of restrain order, but you can lodge a criminal complaint with the police seeking protection from her if she assaults or creates nuisance in the working place

can i reduce my maintainance amount which i spend for my wife

You can file a revision petition stating the facts seeking reduction in the maintenance amount

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Time taken to get restraining order from court varies from state to state and also from advocate to advocate. It is mostly around 1-2 months.

You don't have to pay maintenance as per the wishes and fancies of your wife and should rather let the court decide as to what the suitable maintenance for your wife should be. Court would not order so much maintenance to wife, if your case is argued properly by your advocate. You can plead before the court that you have dependents and you have to suplort them as well.

Normally Court grants 1/3rd to 1/5th of the total salary of the husband wife as maintenance.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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