• Domestic Violence by Wife

Society has developed and educated. It is not like old days in a village, where a husband used to come home drunk and beat his wife and his children.

Nowadays, Wives know this fact that the law & court favor Women under Women Protection concept.

Not to get surprised, if a wife does domestic violence against Husband.

Please tell various Acts, related Sections and Laws related to Domestic Violence done by Wife or by her Family (her parents, etc.)

On the contrary, what if a Husband wishes to save his family and wife wishes to break for her to achieve her hidden criminal motives.

What are the rights and laws concerned to protect Husband against Wife?
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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10 Answers

Wife can file complaint before magistrate under section 12 of DV act seek protection order ,maintenance, right to stay in her matrimonial home or alternative accommodation , compensation for mental torture undergone by her 

 

2) husband can file petition for restitution of conjugal rights under section 9 of HMA 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

Have you not filed a police complaint against your wife?? You must. 

Also file a petition for divorce in family Court. 

Come to my office to work on this. [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

See there is no as such special law made for man to file complaint for domestic violence the husband can complaint before police if there is abuse, cruelty, intimidation before police station and FIR under Indian penal.code according to the act can be registered.

Further more the husband can file for divorce on ground of cruelty against the wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No specific remedy for husbands to report the atrocities that is meted out to husbands at the hand of their wives.

 You have the option of approaching the Police and lodging a complaint with them, requesting them to lodge a FIR against your wife. If no action is taken by the Police on your complaint, write to the higher ups in the Police Department. If nothing works in your favour, file a private complaint before the Magistrate with the aide of a lawyer. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Client,

For any physical act, threats - criminal intimidation by wife and in laws, criminal can be fled under Indian Penal Code in various sections. Other than that non earning husband can claim alimony from wife under Hindu marriage act.

Under Code of civil procedure, husband and his parents can get injunction orders against wife and in laws, restrain them to create nuisance,non interfere in peace full possession of property etc.  Prohibition order u/s 107, 116 Crpc.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

In such a scenario it is suggested that you must start preparing for series of false cases against you, you should start collecting documents and keep call recording and WhatsApp message etc and  proving her work experience salary statements etc and also if needed give a compliant to your regional police station mentioning that your wife is threatening you to file false cases. Do this only when you are sure she is going ahead with any false complaints. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Your mother and sister can also file domestic voilence Complaint against your wife. You can also file harrassment Complaint against your wife and her family members

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Dear Sir,

The husband can protest from all corners and see that wife cannot file such false cases.  Though law  with good intention created married women favoring enactments but most of them misusing the same for their persons ends and trying to take revenge.  Whenever the case is filed it is better to get stay order from High Court or otherwise see that she is not able to get fruits of the orders passed in her favor.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

When there arises a situation like the one you have referred  here to clarify the details, the wife to avenge her husband and his close relatives may use the weapons called 498a, section 3 and 4 of DP act, section 125 cr.p.c. and DV act provisions.

You may have to first defend your interests in all the cases.

After that you can plan to initiate divorce process against her.

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

  1. You are absolutely right in stating the very hidden facts of the law made for the protection of the women.
  2. You being a husband can file a divorce case on the basis/ ground of the cruelty and if you happen to succeed then you will not be asked to pay alimony to wife which they always want.
  3. And yes now, even husband can also file DV case against his wife ( a very recent judgment passed, don’t remember the name but would revert back to you on this).
  4. Husband can also demand interim maintenance if he has not been working and wife is working.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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