• Wife and her family harrasing my family. What can I do to defend my family?

I am from Telangana and I have been in an arranged marriage from almost 7 years, but it has been a disaster. My wife is manipulative and if I don't do as she wants, she stops eating, she threatens with killing herself and she threatens with making complains at police for cruelty. For 6 years I almost obeyed to her demands and it affected me physically and mentally. She is violent and aggressive, same as her family members.
So one day I could not take more and I left the house and I have been away for 7 months. I told her that I need time for thinking and initially she came with all her threatens, even to leave our daughter in an orphanage, don't tell any one and kill herself then.
My life has no peace beside her or far from her. Now since I am in other city, she has started harassing my family, she has gone to the CI of my town and put a complain against my mother and sisters , but not against me. She is saying that my sisters took her gold and also sent me far from her, which is not true. She has all her gold and no one knew when I left. I actually did not even communicated with my family for months. And she has said to every one that her husband always treated nicely and she had a very happy marriage.
Additionally, my wife and her family has gone to visit my inherited land and have threatened the maintenance worker that if he collects the crops or do any work in the land, he will be added to the complain against my family.
Because of this situation, I totally stopped calling her and we have crossed few emails. Her brother has sent emails with threatens saying he is going to make my family cry and life impossible until I come back to live "happily" with her and that is what he is doing.
Almost every day the CI call my family to come and inform if they have spoken to me. The complain has not been filed, but the CI is saying that they have authority to register my land in the name of my daughter and wife. Well it seams that now they only want my land and not even me.
I want to file for divorce with the hope that all these harassment stop and that I can start to see a better life. But to file for divorce I have to wait until one year is completed.
What can I do to make her family stop harassing my family? My mother has been very affected and her health is not well because of all these issues. 
I don't want to come back because I know my wife is going to start threatening again and the problem will grow more. I will come back after the year is completed and I can speak about the divorce.

What can I do? Is there any legal way to defend my family?
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

Dear,

Your problem is critical but solution is also here,

File domestic violence case against her through your mother and sister.

After filing this case automatically they are on back foot.

And si only threatening you, nobody transfer your property without your permission.

If he is continuously threatening then complaint his activity to senior officers.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife threatening to commit suicide amounts to mental cruelty

3) wife threatening to file false cases against husband and family amounts to mental cruelty

4) if house is babe of your parents they can seek court orders to direct daughter in law to vacate portion of house in her possession

5) seek permanent injunction restraining DIL from disturbing their possession of house

6) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. What the CI is saying is laughable. Police does not have any authority of law to decide a question of title. In this scenario you should file a suit for permanent injunction against your wife, her family members and also police to restrain them from dispossessing you from the land and doing anything that violates your right to a peaceful enjoyment of the land.

2. You do not have to wait for a single day to be able to file divorce. It can be done tomorrow on the ground of cruelty.

3. Your mother and sister can file a DV case under Section 12 of DV Act to seek protection order against your wife to stop her from committing any further act of domestic violence or even communicating with them directly or indirectly.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You don't have to wait to file a divorce case against wife as you can seek divorce Grounds of cruelty metted by your wife against you and your family.

Your Wife's action of threatening you to commit suicide and filing of false cases to implicate you and your family definitely amount to cruelty and is a valid ground for divorce.

The police has no authority to transfer land in the name of daughter and your wife.

Also your mother can file a DV case and injunction suit against her restrain your wife from disturbing your mother's peace.

You should give a complaint to the police stating that your wife is threatening you to file false cases against you and your family and also threatening to commit suicide in order to implicate you. Also take proper acknowledgment for the same. This can be used in court proceedings later.

Also, the caretaker of your land should also give up complaint to police for criminal intimidation against your wife.

Feel free to call.

Regards.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Hello,

You have been married for the past 7 years. There is no requirement in law that you have to be away for a period of 1 year in order to get divorce. You must be filing the petition on ground of desertion. Cruelty is also a ground and irreconcilable differences along with irretrievable breakdown of marriage.therefore file a complaint with police that your wife is unduly harassing your family and relatives and therefore ask for a remedy from the court in the form of a restraining order.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Hello sir ,the contested divorce petition can be filed even before a year of marriage ..There is a ruling of Supreme Court that no FIR can be registered agianst husband and his family without proper counselling and investigation ..Therfore, you don't have to worry regarding the false charges

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Your wife doesn't have any right give instructions to the land manager in your absence legally, so you should file a suit for injunction against your wife in civil court restraining her to disturb your peaceful possession of your property. If your wife does any such act,after an injunction order has been passed by the court, you can file contempt petition against her.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

hello,

they are trying to assert control over the property while you are absent. they cannot do so. it is illegal and you can file a case of criminal intimidation and threaten to cause injury against them.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Execute POA in your mother name

2) once POA is executed your wife would not be able to over ride your mother instructions to Manager

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear,

When this land belongs to you then how can anyone raise their right on such land.

Not even your mother has any right.

If they forcefully enter their file complaint against them.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Since your marriage is more than one year you can very well file a divorce case on the grounds of cruelty.

If the situation is intolerable then you may file divorce case immediately.

She may threaten to file false criminal cases, dont worry about them, you may obtain AB and then challenge her false cases on merits.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

you can instruct your manager to not to listen to your wife's dictates.

She cannot do anything about it when the manager firmly refuses to listen to her.

She has got no rights in your property at least not during your lifetime.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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