Dear Sir, This is to inform you that i got married on 28 november 2014. But from that day till to this day i've been facing continues mental torture. We had baby she doesn't wants to reside with my parents. She filed civil case in family court under section 125 and was demanding Rs25000 monthly gujara bhatta she also wrote that we are not providing food to her, we threw her out of my house each and every thing written there was wrong but some how i managed to convinced her to live with me in court it was decided that i will give her monthly Rs 3000/- and she will live with me and my parents happily. But to my utter surprise i am an govt bank employee i lives in punjab and my paternal home is in Chhattisgarh she doesn't wants to talk to my parents. Whenever in arguments she starts shouting and screaming intentionally to give false message to neighbor that i am beating her which is not the fact. She teach my son that beta bolo papa mumma ko marte hain. And today itself she created huge hungama that i will charge you with attempt to murder & Physical and mental torture. She said intentionally i am doing this to destroy you. I was having home in which my parents living in my name which my father bought that . For precautions i transfer owner rights from my name to my mother name. And also what should i do as she continuously used to say that you have already case registerd in civil court i will file another case and all. Please guide me it is like tourture to live with such a criminal mind girl. And for your information for precautions usko me apne parents k yahan pichle 2 saal se nhi le k gaya na hi mere parents yahan mere ghar aaye. Plz guide
File for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty
3) wife forcing husband to stay separate from parents amounts to mental cruelty
4) in divorce petition seek sole custody of your child
5). Court would award you visitation rights at least
6) in case wife files false case of dowry harassment apply for and obtain anticipatory bail from sessions court
If you are unable to take this harassment, and it is impossible for you to continue in this marriage, I will sugget you to file a divorce petition on the ground of mental cruelty. The very fact that she is insisting you, not to bring along your parents to reside with her, gives you a sufficient ground to you to obtain divorce from her.
In case you want to give this marriage a second chance, take her to a marriage therapist so that the tension in btween you two is eased.
Sir it is better to seek divorce from such women from living under such continuous torture and pressure. SIr lodge a police NC for her intimidation for false cases and regularly harrasing you and fighting.
Further see she doesnot have any rights over the parents property and your property she only hace the right of the maintenance.
See talk to her she is ready for mutual divorce settle and take that or if not go for a contested divorce on ground of the cruelty.
If you want to get your wife back you need to filed proceeding in the Hon'ble Court of law under section 9 of the Hindu Marriage Act, 1955 if you are hindu, after filing RCR if she deny no come back you can file divorce petition under the ground of desertion.
Dear sir please guide me that how to protect my parents from all this as per my instruction my parents already published in news paper that they have disowned me i.e their son. As i am their only son they both are diabetic with type 2 i have to take care of them. She ask
In event nay false case is filed of dowry harassment your parents can obtain anticipatory bail from sessions court
Since your wife is no domestic relationship with your parents from last 2 years she cannot file any case upon them even if she files false she wont have anything to substantiate the cause and high court shall quash the complaint agaisnt them.
1. Very secretly install CCTV or spy camera in your home to record all her such thteats given to you for lodging/filing false criminal complaint/case against you. If installation of CCTV/Spy camera is not possible, collect the audio/video recording in any way you deem fit to serve as an evidence of her acting cruelly against you.
2. This will immmune you to a great extent against her future false police complaimnt/case, if filed against you.
3. You can transfer the title of your property in favour of yopur mother to ensure that she can not claim her right to reside therein.
4. Thereafter, if you decide to terminate your matrimonial relationship with your wife, you can file a divorce suit against her on the ground of cruelty submitting evidence already collected or to be collected by you in support of your allegation.
1. Such publication of notice disowning you was not necessary at all. It does not serve any purpose.
2. If she registers a FIR u/s498A of IPC, all the accused shall have to avail anticipatory bail and then contest the case fittingly.
3. You have the valid point that your parents have nno contact with your wife to harassing her for which the complaint lodged by her is false.
You go ahead and file a NNC in the nearest police station so that in case any complaint is filed by her in future then you will have a valid defense.
Also, if possible record the threats that are being passed by her to harras you.
Regards
Do not worry about the parents if they made a publication, also if any case is filed by her then the parents should approach the HC at the earliest for getting the FIR quashed as against them.
Regards
Your parents are free to move a Police complaint against your wife.
Your mother can additionally file a case of domestic violence against your wife.
1. If your parents are residing separately and have published the newspaper notice then they are safe. If a criminal case is filed against them then it will be relatively easier for them to obtain bail.
2. You are free to file a petition for dissolution of marriage on the ground of cruelty but collect evidence in the form of video recordings before going to court.
If you feel that her tortures are beyond tolerance then you may decide to file a divorce case against her.
She may, in retaliation, lodge criminal complaint with the police against you for dowry harassment, you can challenge the same on merits after obtaining AB.
When she is lodging criminal complaint against you and your parents, first you obtain anticipatory bail for everyone.
After that you can challenge her false allegations in the tgial proceedings or you may file a quash petition before high court on merits in your side.