• Mental torture by wife to husband and his kids and mother

My mother died 7 years back, and my father decided to re marry within that year to a earlier divorcee. Since day one she has not adjusted and is making unnecessary demands to my father. Me and my brother obviously had not seen anything like this before....for 7 years we were being tortured mentally. My father is the victim here, she always is torturing him for useless things. She wanted her own kid and my father completely denied. When she does not get what she wanted she started blaming him for the marriage and not having her own kid...which was the first term of their marriage. And now started doing things to provoke us like using our kitchen and coming into our rooms and shoutong on us..she also speaks and does bad about our grandmother. My father finally gave her legal notice for divorce with cruelty, but she kept on living in our home only...for 4 months she got quiet, now again she started bothering us and got to police station for complaint. Police said you have to agree on her terms like having her own terms in the house.... using whichever area she wants and doing whatever she wants...not she is all above our heads and we cant do anything but agree. I want to know if we can do something to throw her out of the house...as husband was the first one to serve legal notice. Because if this case extends to god know what period we will not be able to live with this much violation of our human rights.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. The remedy is only in the hands of your father-he can file a petition for dissolution of marriage on the ground of cruelty under Hindu Marriage Act.

2. Even during the pendency of the divorce petition the wife has the right to reside in her matrimonial home, but your father can file a case against her under DV Act to seek injunction against her to restrain her from committing further acts of domestic violence. Besides this there is no other remedy available to him. She cannot be thrown out of the house so long as marriage subsists.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The police is pathetic if it says to listed to her demands which is nothing but the torturous and agonising.

2. So ignore what the police says and lodge a complaint of verbal abuses, assault and criminal intimidation by our father or by your self.

3. if police does not register FIR then get this done through the court.

4. then file a suit for divorce by your father.

5. if the house belongs to your father you can not throw her out from the house through the legal recourse but it belongs to your grand parent then he/she can file a case for her eviction and seek injunction from her further entry.

6. However before you take all the actions as advised above you must take an effort to amicably resolve the issue by way of mutual divorce which is iilkely make you father pay her one time aimony. Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Your father can file case against her on cruelty, mental torture etc ground.

2) how old she is ? , if she is above forty than on medical ground she won't be able to become mother of her own children.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

This is my response to you:

1. Your father can again send a notice for divorce and this time actually file a divorce petition in the court;

2. Your father will have to file for divorce for cruelty under the Hindu Marriage Act;

3. Your father must also file a complaint to the police station;

4. He must also file for separation, since living with her has become difficult;

5. You as children, even if you are below 25 years of age (and in extreme cases) you can complain to the childline helpline number-1098;

6. You can access the website here: http://www.childlineindia.org.in/1098/1098.htm;

7. You can also approach the police station and file complaint against step-mother for disrupting peace in the household.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Who is owner of house.

2) if husband is owner of house wife has right to stay in matrimonial home

3)grand mother can file DV case seek protection order against daughter in law

4) your father should offer his wife alternative accommodation

5) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello,

Your father has to take legal steps . If you and your sibling is of tender age that is minor your father in order to save his children can approach the court .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Hello,

File a divorce suit on the ground of cruelity and thereafter file a suit for injunction thereupon requesting the court to pass a direction that she be restrained from living in your father’s home.

Also make recording of her cruelty and lodge a complaint before the police for criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello sir , since she is a legally wedded wife , she cannot be thrown out of house .. if he do so , she may file crminal complaint against him ...It is advisable to file divorce proceedings against her

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

since your father is owner of the house wife has right to stay in her matrimonial home

2) your grand mother is 83 years a senior citizen she can file Dv case against her daughter in law

3) your father has already field for divorce

4) contested divorce proceedings take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Concern,

There's a very simple way to solve this entire crisis. Install CCTV cameras in your entire home and start recording her entire tantrums. Keep the control of these cameras with yourself. Since this house belongs to your father technically she can't protest or stops the installation of CCTV cameras.

If you feel the necessity then approach the police to assist you in installing these CCTV Cameras. If that to do not seems feasible to you then you can get the same ordered from the court in the divorce petition. However, trust me this is absolutely not required. A person can do whatever he wants to do with his home. Its your father home no matter how much trouble she creates you please go ahead and install the CCTV camera without involving state authorities (police or court).

By the help of CCTV Camera you will be able to record her behavior and use that before the court to seek -

A. Divorce for your father

B. Compensation for the mental harassment which you all are going through by filing a separate criminal case against her.

C. Her ouster from the house based on her behaviour recorded in the CCTV camera by filing a separate case before the court.

Trust me the moment the Camera come into its place either she will mend her ways to stay in that house or she will leave your immediately. Or else she is going to fall into big trouble.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

1. Wife has the right to reside in her matrimonial house as long as marriage subsists.

2. Video recordings can be led in evidence to prove cruelty.

3. There have been only 2 hearings thus far. Watch for some more hearings and if things still move at snail's pace then you can file a petition in the High Court to direct the trial court to expeditiously decide the divorce petition..

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If she is beyond anyone's control and the situation is intolerable then your father has to decide whether to continue his marital relationship with her or to dissolve the marriage between them.

He can file a contested divorce on the grounds of cruelty before the jurisdictional court even if she continues to reside in the same house.

The police cannot interfere in the matrimonial issues until and unless there is a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

She has rights to live in the house till she is divorced.

You cannot do anything to throw her out of your house, that will become another offence becasue she is the legally wedded wife of your father.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1) you can go for Mutual Consent Divorce that will be very fast as compared to others.

2) Secondly Ask Your father to transfer property on your both the brothers name or ask him to make a registered WILL.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

File a suit for injunction, record such incidence wherein you are being tortured.

File a complaint against her in the police station

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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