• False case of fight and torture

My wife fights everyday with me and my family. She do not cook food for me. we were living in father's owened house from last two years. on last Saturday, i packed my bag and living in rented house alone. My wife do not want to live with me rented house. so on Sunday, she reported false case that me and my family fights with her and beat her. in today evening police called me. what should i do?
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

Lawyers are available now to answer your questions.

31 Answers

1. She has filed a complaint against you. Now if the FIR gets registered then apply for anticipatory bail to preempt your arrest and detention.

2. There is no harm in going to the police station as they cannot arrest you without notice if the complaint reveals an offence only under 498A.

3. You are free to file a petition for restitution of conjugal rights against her.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that somewhere your wife is at fault otherwise you would not have left the place.

Secondly, it is also right that law for women is really favourable in comparison to men.

Thirdly, I advice you to please try to solve it out amicably for the time been.

Fourhtly, once you come out of this then you should file a complain agaisnt her for threatening you to implicate in false cases.

Fifthly, and then on the basis of that you may also go for divorce if wish to otherwise try to resolve everything after today’s evening.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) your father should file suit and seek court orders to direct his daughter in law to vacate portion of house in her possession

2) seek permanent injunction restraining her from disturbing his possession of house

3) you should appear before police station and deny allegations levied by wife

4) mention she abuses you and your family

5) in event any FIR is filed for dowry harassment apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

try to settle this matter with your elders of the family, if dispute not settled hire a lawyer and file counter case of harrasament against your wife.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You need to go to the police station for counselling this is a start of your divorce procedure in case there is a reconciliation then that is good otherwise you have to find out the ways how to get rid of this problem forever.

Please don't be afraid by going to the police station as you have the similar rights in your matrimonial there are certain advantages available to the ladies for their protection but it does not mean that you can be harassed by the police are anybody for no reason.

During the counselling you need to put your side properly and let her answer for the cruelty she's doing to you and your family.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Go to the police and tell them the actual story.

They have called you to listen your side of the story.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

I think you need to use this as opportunity and remove your wife from your parents house this may solve your problem and at the same time your parents will also be relieved you go for some counseling of your wife her behaviour and stay away from your family with your wife and child this may give you another opportunity to save your marriage as it is never advisable to go for divorce I live a life which is full of stress.

Good luck!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

No need to bow down to wife blackmail tactics

File for divorce on grounds of mental cruelty

Wife abusing husband amounts to mental cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. As I said before, police cannot arrest you under 498A unless it issues a notice to you. This gives you sufficient time to apply for anticipatory bail and seek stay on arrest.

2. Stay abreast of what happens in police station.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You should go and attend police counselling and keep your side of story before them and also try to settle the wife so no FIR is registered agaisnt you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir first settle the issue of this complaint then file for divorce ask your wife if she agrees for a mutual divorce if not file divorce on ground of.cruelty against wife. Further there would be hassels if the FIR is registered to it's better complaint is closed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If Police is calling you to visit the police station, you should definitely visit the police station along with an advocate to give your version of the story to them. If you do not visit the Police Station FIR would be lodged against you without listening to your version of the story.

When you are in the police station, you should deny all the allegations put forth by your wife against you and your family.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can file for divorce on Grounds of cruelty against wife's using of foul in filthy language against the husband and inlaws amounts to cruelty on the husband and is a valid ground for divorce under section 13 of Hindu Marriage Act.

If any FIR is registered against you by her, you will have to seek anticipatory bail under section 438 of the CRPC in order to avoid any arrest.

Anticipatory bail can be applied in session or High Court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Police will call you for a counselling session which will be conducted in presence of your wife.

Appear in the Police Station and apprise them of the true and correct posititon for they do not know your version of stroty.

In case you have made up your mind to come out of this marriage, file a petition seeking divorce from your wife.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

No need to succumb to her pressure which she creating by using the agency of Police.

No need to patch up things with her in the Police Station and give her an apology.

Portray the true and correct facts to the Police and tell them that every thing that she's saying is a lie. Tell them that you are contemplating to take legal action against her.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Sir,

File a case of divorce on the ground mental cruelty against your wife and get order.

Please be read the following information:

Man granted divorce on grounds of mental cruelty

The family court, while granting divorce to a couple recently, held that the claims made by the 32-year-old man against the actions of his 25-year-old wife, which caused him mental frustration and were of utmost cruelty, were true. The court held that claims that she used to throw her bangles and mangalsutra on the road and also used to leave her house at midnight just to harass him, were not contested by the wife, and thus accepted that the wife did cause cruelty to her husband, granting him a divorce.

According to a copy of the court's order, on May 6, 2011, the couple got married in a village based in Vijapur district. The petition says that from the first day of the marriage, the woman was quite adamant by nature. However, the man felt that her adamant behaviour was because she was feeling very lonely at her home after marriage. Therefore, he took her back to her parents' place September. However after going to her parent's place, she refused to come back to her home till February 2012.

When she finally returned back to her matrimonial place, her attitude had changed completely. She started behaving in a rude manner with her husband as well as his parents. "She never used to do any household work and used to end up quarreling with the husband and her in-laws," reads the petition copy.

"There were instances when the wife had thrown her bangles and mangalsutra on the road and would later used to go out of the house at midnight. However, when questioned about where she had gone so late, she would end up abusing and quarreling with him in a loud voice. All these situations have caused mental frustration to the husband and she has treated him with utmost cruelty," says the order copy.

The court, after going through the divorce petition, had sent the petitioner's wife a service (notice) to challenge the claims made by her husband against her. However, she neither attended the hearings, nor did she file a written argument to challenge her husband's claims. Therefore, the court upheld that the claims made by the husband, and granted him a divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. Go to the police station and submit evidence of the fighting caused by your wife and and also co-operate with the police informing them that you no longer stay with your parents and stay separately.

2. Your mother and/or sister should lodge a police complaint alleging torture and harassment caused on them by your wife.

3. You should have collected audio/video recording of all such conversations of your wife. Do it if you have not yet done it.

4. Thereafter your father/mother/parents should file an eviction suit against your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Do not return to your father's house stating that you have been asked by your father to vacate his house with your wife for which you have take up a rented house where your wife is not joining you.

2. You or your parents should have lodged police complaint earlier.

3. Now inform the police that you will do every thing she demands for which she shall hve to stay with you in your rented accomodation.

4. Police can not force your father to let you and your wife stay in his house against his wish.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

House is standing in your father name

2) your wife has no rights on said house

3) you should mention that father has already field case against you and daughter 8n law to vacate the house

4) act as per your lawyer advice

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Sir you can allege that your wife harrased you, did cruelty against you. But it would be better in view if these cases are avoided and a settlement is done and mutually.

If not then we shall contest the issue, record your statement and obtain Anticipatory bail once FIR registered and file for quashing of FIR in high court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. If she has to enforce her right to residence then she has to avail her remedies under DV Act. Recourse cannot be had to 107 and 151 CrPC as DV Act is a special law.

2. You are free to file a suit for permanent injunction to restrain her from entering the residence on the ground that it is not conducive to your physical and mental well being.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

If she has created stories and lodged false complaint with the police, you may try toconvince the police about her nature and the false complaint, if they dont listen then you may obtain anticipatory bail and challenge her false case appropriately in the trial proceedings.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You also can give a complaint against her for her cruel activities against you.

You can make false complaint against her and her parents for their violent assaults and abuses in filthy language etc.

If you do not want to make any such complaint then you can challenge her case by obtaining AB

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

If she has decided to trouble you she will make sure that you people will suffer her tortures till the end.

It is better you obtain AB before visiting the police station again.

The police may not support you hence there is no use in depending on the police anymore.

You may inform your advocate to file an AB application immediately to protect your interests.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Police can not allow her staying in the house of your father.

2. Your father shall have to lodge a police complaint against your wife and then file an eviction suit against her.

3. Let the mediation by the police comtinue in the meantime.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Go ahead and participate in the proceedings on 19.

You have been advised rightly

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello,

Do not file section 9, she might come to the court and say that she is ready to live with you whereas you do not want to live with her.

Go ahead and file a case of divorce on the ground of mental cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Sir if you are of the opinion that you donot want to stay with her then filing section 9 petition would be waste of time only and it take long time., ask your wife for a mutual divorce if she agrees it is good otherwise file for a contested divorce on the ground of the cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Don’t file section 9 petition of RCR

2) RCR petition takes 5 years to be disposed of

3) better file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Do not shift the said items to your rented house and get her shifted to your rented house. thereafter your father can obtain a stay order restraining yiour wife's and your's entry in to his house. It will save them for harassment in future.

2. No maintenancxe should be paid to her with out any court order. moreover, maintenance is pais based on monthly net earning of husband and not on his savings.

3. Your father should detach himself completely from your said matyrimonial dispute.

4.& 5. After you manage to get her shifted to your house, file the divorce suit on the ground of cruelty after collecting evidence in the form of audio/video recording in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

In my opinion, the RCR cased may not fetch you any fruit nor the decision even given in your favor may not be of any use to you.

Therefore it would be better that you file a contested divorce case against her on the grounds of cruelty.

You may take a proper decision.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer