• How to defend my family from false acquisitions that my Wife and her family is putting on us.

How to defend my family from false acquisitions that my Wife and her family is putting on us.

I got married on Feb 2018. Since then my wife is mentally harassing / torturing me and my entire family.
She and her family, specially her brother and parents are always threatening me to do the things their way, else they will go to court and do false police complain or they will ask their daughter to give divorce to me. My wife is also not in a situation to understand right or wrong. She always gets carried away with her family and always misbehave with me and have abused me publicly many a times. She has also physically hit me many a times and threatens me that she will call the police and file a complaint against me for domestic violence. Her family has many a times insulted my family in public. Now at present her parents came and have taken her back to their home with all her belongings. this happened on 15th August 2018. Me and My family is going through too much mental, emotional, physical and financial harassment. Please help and save us.
Asked 2 months ago in Family Law from Etah, Uttar Pradesh
Religion: Hindu

Hello, 

You may go ahead and lodge a NC in the police station that you are being threatened of false cases etc. 

Keep record of messages, verbal abuse, harassment wherein they are harassing you.

So that in case any case is filed by them in future then you have a valid defense to take, nothing much can be done in anticipation at this stage. 

Ask them for mutual consent divorce if they wish to end the marriage. 

Regards 

Anilesh Tewari
Advocate, New Delhi
14165 Answers
191 Consultations

5.0 on 5.0

See firstly file a complaint with police for intimidation and regular threats from her and family along abuse and for physical hurting you and your family.

Further talk you wife if she can mend her ways and restore the conjugal rights if not ask.for a mutual divorce. 

Further your mother can file a DV on her for abuse.

Shubham Jhajharia
Advocate, Ahmedabad
11717 Answers
45 Consultations

5.0 on 5.0

1)file for divorce on expiry of one year of marriage 

 

2) in case wife files false dowry harassment case file petition in HC seek stay against arrest 

 

3)wife abusing husband amounts to mental cruelty and is ground for divorce 

 

4) wife threatening to file false case against husband amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
56795 Answers
3444 Consultations

5.0 on 5.0

there is a provision in domestic violence act that not only wife can file case for domestic violence against in laws but mother in law can also file a case for domestic violence against ur wife so the first option you have is that Ur mother can file a domestic violence case against Ur wife. 

You can also file divorce under the grounds of cruelty.  Hire a good senior advocate he will help you. 

Mohammed Mujeeb
Advocate, Hyderabad
4517 Answers
3 Consultations

4.5 on 5.0

If things are not gone out of your hand this is time to act you have to take your wife to a psychologist and marriage counselor to get the behavioural rectification this may help you to get your wife as in case he is taking any decision which is the legal it might create some problem but in case it happens then you have to take appropriate action to save yourself and your family.

If you wife is not taking care in her matrimonial relationship then you have to give her a sock and stop talking to her when she is away from your home and see what is going to happen you need not to worry about 498 a domestic violence are any other acquisitions by your wife this is very normal in case of disturbed marriage but in case you are not wrong this will have only some mental trauma to handle this.

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4286 Answers
9 Consultations

4.9 on 5.0

1) You can file a case against her for cruelty and desertion.

 

2) Mention all above things in the case.

Ganesh Kadam
Advocate, Pune
5398 Answers
39 Consultations

4.9 on 5.0

Apt recourse available to you is to file a petition seeking restitution of conjugal rights. This will be a tactical move and will strengthen your ground and thereafter, in case she files any false or concocted case against you, it will be easier for you to defend the same.

Also understand that there is no automatic arrest in matrimonial cases anymore and hence, even if she manages to register a false case against you, you will have ample of opportunity to defend.  

Vibhanshu Srivastava
Advocate, New Delhi
7779 Answers
101 Consultations

5.0 on 5.0

you can file divorce in the said case if you want. If she files any false case against your family or you then you can file anticipatory bail and get protection for your family from arrest. you need to decide what you want to do.

Prashant Nayak
Advocate, Mumbai
4761 Answers
3 Consultations

4.8 on 5.0

Presently you cannot file a divorce case on the grounds of cruelty but can file a Petition seeking judicial separation because your marriage is not one year old.

If you apprehend they to lodge a criminal complaint with the police on dowry harassment offences, you may be watchful about it and then apply for AB at the right time to avoid being arrested and then challenge the false cases properly.

T Kalaiselvan
Advocate, Vellore
46820 Answers
555 Consultations

5.0 on 5.0

1) your mother can file DV case against daughter in law and seek protection order 

 

2) filing of case will not create problems as your wife is unduly aggressive and harassing your family members 

Ajay Sethi
Advocate, Mumbai
56795 Answers
3444 Consultations

5.0 on 5.0

Sir in this situation it would be better to settle with her with the help of mediation so that the complaint is taken back . Further in case she goes for FIR a quashing petition can be preferred. At this time if you prefer a case from your side without any strong evidence it will be just like a cross case filed after wife filed the case so it won't have good standing. 

Shubham Jhajharia
Advocate, Ahmedabad
11717 Answers
45 Consultations

5.0 on 5.0

If the police have registered FIR then better take AB first and follow the case through trial proceedings or file a quash petition before high court seeking quash of charge sheet.

If she has filed DV case then you may file a Petition under section205 cr.p.c to dispense with personal appearance of your mother and others.

Challenge the DV case properly in the trial proceedings with the support of documentary evidences and merits in your side.

Don't go for counter cases against them without any strong base.

T Kalaiselvan
Advocate, Vellore
46820 Answers
555 Consultations

5.0 on 5.0

Try to settle dispute amicably through an mediator. 

If you both spouse want to dissolve the marriage then file a petition of mutual consent divorce u/s 13b. Ask her demand and fixed a lumpsump amount as a alimony and execute a MOU through an advocate.  

In Contested divorce it will take minimum 2 to 5 years to complete Entire process,so better go with hassle free Mutual divorce.

 

Mohammed Mujeeb
Advocate, Hyderabad
4517 Answers
3 Consultations

4.5 on 5.0

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