• Filing a divorce case

I got married in april 2014. there was no problem in our relationship.In October out of rage my wife hit me and my mother.Her mother came on next day and despite our best efforts to negotiate took her daughter with her threatening us of filing a court case.Finding no evidence for filing a case,they started blaming my parents for all the mess,and time and again started saying that my mother is a witch (as from remote area people are superstitious there).and are asking me to stay as per their terms closer to their house separate from my parents or are threatening to file a case. please guide whether I should file a case first or wait for them to do so? .As a self respected person I can not accept their terms. am I at disadvantage If I am not accepting their terms.?
Is their any law by which I can punish them for calling my mother a witch (in real sense) time and again?
Asked 3 years ago in Family Law from kullu, Himachal Pradesh
Religion: Hindu
1. Yes, you can file case of assault and abuses done to your mother. It is a criminal offence and hence criminal case can be filed.
2. However, this may break the marriage and she may also file case u/s 498A alleging dowry harassment.
3. hence I would advise you to bury the hatchet and resolve the matter amicably by way of mutual divorce if she is not ready come back again.
Devajyoti Barman
Advocate, Kolkata
13188 Answers
175 Consultations

5.0 on 5.0

1) you can file for divorce on grounds of mental cruelty 

2) assaulting husband and mother in law amounts to mental cruelty 

3)place on record that  her conduct of assaulting husband / MIL was un becoming of daughter in law . however inorder to save the marriage you are willing to forgive her if she apologises for her conduct 

4) dont bow down to their demands 

5) if wife files false domestic violence/ 498A  case contest it on merits .

6) obtain Anticipatory bail if 498A case is filed 
Ajay Sethi
Advocate, Mumbai
46891 Answers
2772 Consultations

5.0 on 5.0

Dear Querist
immediately file a divorce case based on cruelty under section 13 (1)(ia) of Hindu Marriage Act-1955 if there is no chance to live together.

your mother may file a civil suit for defamation before civil court and claim damages too.

your mother may also file a criminal complaint against them before magistrate u/s 499/500 of IPC for criminal Defamation.
Nadeem Qureshi
Advocate, New Delhi
4880 Answers
226 Consultations

4.9 on 5.0

Hi, it is better you tried to settle the matter amicably for filling a case and lodging a police complaint it will become bad to worst so in the worst possible case if she does not agree for living together go for divorce by way of mutual consent.

2. As per my opinion tried to settle the issues amicably.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. You suffer no disadvantage by not accepting the terms of your wife. 

2. You are free to file for divorce on the ground of cruelty committed by your wife. 

3. If your wife files false charges against you then you would be given a chance by the court to lead your defence.

4. Your mother may prosecute your wife for defamation. 

5. You and your mother may also seek a restraint order from the court against your wife to prevent her from entering your house again.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1.Have you collected any evidence in support of your allegation? If not, then audio record all such conversations,

2. Lodge a police complaint about the threats given by your inlaws and wife,

3. Decide whether you wish to continue the matrimonial relationship with your wife or not,

4. If not then file a divorce on the ground of cruelty against her with all the evidence collected by you.
Krishna Kishore Ganguly
Advocate, Kolkata
18818 Answers
454 Consultations

5.0 on 5.0

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