• Want do giet rid of my wife's ental torture legally.

Hi. I m fighting a false dowry case filed by my wife and a divorce case filed by me earlier to that false dowry case. Divorce case hearing is going on but nothing has been done in that false dowry case. Dowry case was filed on 16/10/2017. Almost a year passed. Only a 20 days diary was made by police during my anticipatory bail hearings. After that opposite party got to change the investigating officer. And nothing has happened after that. Today she is living in my house but we are not providing her money or clothes or anything wtever she is asking for. We are waiting for court directions but she make nuisense & chaos everyday for this. She abuses my parents, my sis. Pray for there deaths, pray for my sis become a widow, she throw wastes in our area any many other things. I have few voice recordings of these incidences. She mentally tortures my parents. fathers is working so he faces less but mother has to face it 24x7. Her brother also keep coming to house and giving threats like khandan ko ujad denge, ghar se bahar nikalna muquol kar denge, goli maar denge etc. Recently in a phone conversation her brother accepted that dowry case was filed just to threaten and supress me. His words were- " Hum case to kiye the ki ladka thoda darega, dabega aur unki baat sunega." He also admits that there was no any scene of my extra marital affair and they never talked about this. But in written statements they have mentioned that one girl used to come to my home in the presence of my wife. This is completely wrong. I had said inffront of Honorable Principal judge that I 'll be her slave for lifetime if she proves that i have an extra marital affair. I filed divorce bcz her behavior towards me and my family was not good. Her attitude was not like she is willing for a husband or for a family rather she was focusing on money and luxuries. She wanted to full fill her desires at any cost. She stayed with me at in Delhi for about 6 months and when i denied to full fill her demands she went back to her In-laws and started torturing them. So on 11/9/2017 i filed divorce and later she filed dowry case. I am ready to fight for whole life but I m worried about my parents and sisters. My father is thinking of selling that house so that she can not stay with them.Is it a good idea? Is there any legal way to ask her to vacate the house untill any judgement is passed? Police is also not very helpful for us in this matter. We gave many complaints about her but of no use. I am thing of going to few NGO working for men. Also thinking to get help of any pshychologist for my assessment because I am thinking too much -ve these days. I have around 100 pages of whatsapp conversation with her which i want to show the pshychologist. will it be helpful for case? I hv lost my jobs, everyday i hear abt her torture, nowdays she started messaging me also and she call me " bhai" "bhaiya" now. I m not sure what to do. thinking of filing as much cases as i can on her. Wt abt quashing req?
Asked 4 years ago in Criminal Law
Religion: Hindu

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12 Answers

Dear,

It is conman these days. You already file divorce case, your advocate also give

lots of suggestion to you in this matter. You can't through her out from your house,

because right now she is your wife and her right to stay in her in laws alive, after

decision you can through her out.

Collect all the evidences, it will help you in the future in your divorce case.

Next time file complaint against her brother if he do nusiense in your home.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

The best way out of this is a compromise. Try to negotiate with them and strike a deal for mutual consent divorce.

Your parents can dispossess you and your wife after giving a newspaper notice and thereafter they may sell this house.

Yes, meeting a psychologist could be helpful. Convince your wife as well in case both of your want to take a joint session, This could help in easing some tension and can pave-way for reconciliation.

What is the status of investigation in the 498a case? Has the Police filed charge sheet in the matter?

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. The marriage has broken already and both of you have also taken the necessary legal recourse.

2. So when the 498A case is filed you have no option but to face trial after taking bail.

3. If you are innocent then there is nothing to worry as you will be come out acquitted as in criminal case the burden of proof heavily lies on the prosecution only.

4. The instances of cruelty as you have mentioned herein if proved in court , there would be no difficulty get decree of divorce from the court of law.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong..

Collect as many pieces of evidence as possible

Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.

Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.

Collect evidence to prove that she moved out of the bond of marriage for no valid reason.

Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

parents can file suit seek court orders to direct wife to vacate portion of house in her possession

2) seek injunction restraining her from disturbing their possession of house

3) continue with your divorce case

4) in dowry harassment case your parents , sister should file for quashing in HC

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi, it is advisable to file for quashing of 498 A in high court .. You can also file divorce petition on the grounds of mental cruelty ..The evidences ( ex:- electronic evidence such as phone recordings ) will be admissible in court to proove your case

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

you can visit psychologist if you so desire

2) your father dis owning you would not help you

3)wait for filing of charge sheet then file petition for quashing in HC

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

What psychologist do with this situation,

your case pending in court and only court can grant you relief.

solution for now is good to make a will through your father and grand mother and they through you out.

Indian law grant too much liberty to women, nobody go beyond with this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Yes the house belongs to your father, he may sell it.

Also, yoour father can get an order from the court, restraining your wife to live there.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes you should go ahead and file a petition for quashing the FIR as the same has been filed as an outburst to your divorce petition.

If consulting a psychologist will help you then you may go ahead and consult one.

Yes your father can through you out and you may start living on rent and then your father can file a case as advised above.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

During the pendency of matrimonial disputes, the frustrations on both the sides will aggravate as the days are passing without any result or solution for the problems.

You must understand the fact that the litigation before a court be it a civil dispute or a criminal case will take time to get disposed, hence it is common that such problems at home, especially if both the warring parties reside together, will continue and cause restlessness.

The solution for this that either of the party should live apart from each other.

You cannot get her evicted till the divorce decree is finalised.

you may have to look for an alternative arrangement to avoid such problems because being living within the same place, you cannot help to avoid them

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If the property is on your grandmother's name, then you may ask her to file a suit to eject hr from the property including you.

Alternately you can vacate the house and look for some other place on rent so that she is compelled to move out of that place.

Dont entertain her to make whatsapp chat messages.

You can block her number

Dont increase your contacts with her in any mode.

If you want to consult a psychologist you can very well do it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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