• Mental trauma because of false allegations

1. Last month my in-laws came to my home and threatened, abused a lot. I have called 100 but no complaint has been logged in ps. But I find it would have been better if I would have logged a complaint. Can I do that now ? As a safer can I log some case prior they proceed ? If yes how can I do that, where they should not know that.

2. My wife is now 8th month pregnant, she been to her hometown. I suspect they may file 498 and maintenance on me. 
So I would like to know, when there is a baby and when divorce granted who should take care of the kid ? Can she say that she don't want kid, I heard till 5yrs baby care should be taken care by mother, after 5 years can she send the baby back to me ?

3. I understand wife doesn't have right to claim for husband's property. But can she claim as there is a baby now ? About property it's on loan and it's just on my name. My wife or no one is included 

4.she was showing some false evidences as pic of some scar when her bangle was broken while cooking and where blood came out and she says it was because of my violence. How these kind of manipulated evidences treated by court ?

5. Because of so much mental trauma l, now I am not interested in her and seeking for divorce, what would be good time to proceed. I mean after delivery ? 

Thank you in advance for helping me !!
Asked 6 years ago in Family Law
Religion: Hindu

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22 Answers

file NC with local police station regarding threats received by you . Obtain acknowledgement from police station . 

 

2) custody of child is given to mother . You would get visitation rights 

 

3) if wife does not want child you would get child custody 

 

4) wife or child has no share in your self acquired property 

 

5) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

6) visit family counsellor to resolve your differences 

 

7) if counselling fails file for divorce after delivery of your child 

 

8) mutual consent divorce is best option 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

1.Lodge a complaint against in-laws now, before higher police authorities stating local police didn't take any action.

2.No case is filed till now and you are thinking, too beyond, Grant of divorce,  that's not this much easy dear, 

Contested divorce will take 4-6 years and you have to pay maintenance to her and child.

If she keeps the baby or forced to keep the baby, you have to lift the monetary burden if upbringing of baby.

However, If you both agree and apply for mutual consent divorce then it will be granted in 6 months.

3. Your Wife and kid both have right on your property, you seems to be misguided

4. You will be given a chance during trial to prove the evidence as fake/false.

5. You can file it any time but wait for delivery and then file, However,  she may also file 498a, domestic violence, maintenance against you as a counter attack 

 

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. Yes, you can lodge the complaint even now but you will have to give reference of some new incident as well.

2. The child born out of the marriage will continue to be yours  even after divorce. So responsibility to bring up the child fictionally and otherwise remains unaltered even of decree of divorce is passed. If you want custody of the child then you can do so by filing a suit for custody.

3. Child has no right in the self acquired property of father. Only in his ancestral property he has right of share.

4 Not so seriously.

5. A child is getting born . So forget the past and try to work out this marriage. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Dear Sir,

You may immediately issue a legal notice narrating all the major cruelties happened in your marital life and thereafter apply for legal divorce under Section 13(1)(ia) of Hindu Marriage Act.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Normally the custody of child of upto 5 years of age is with the mother.. Under the hindu minority and guardianship acg 1956, the custody of all children below the age of 5 years is given to the mother.. 

But there are some cases in which custody of minor child was handed over to father.

She can claim maintenance and she can also claim maintenance for Child. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can draft a complaint and send the same by post to said police station.  You can also go personally and file the same.  You can cross examine the said complainant in court and falsify her complaint

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

You can file a police complainant before the Police station in the local area and can give description of complete event and you calling the 100.

2.See if you don't go for custody of child it would be with her, she can ask maintenance of kid from you.

3. Baby also in your life doesn't have right in your property. He/she the baby has right only on ancestral property.

4. The court need corroborating evidence for such evidence.

5. You can file for divorce at any time on ground of cruelty and can give proof of same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

My answers are as follows:

1. Last month my in-laws came to my home and threatened, abused a lot. I have called 100 but no complaint has been logged in ps. But I find it would have been better if I would have logged a complaint. Can I do that now ? As a safer can I log some case prior they proceed ? If yes how can I do that, where they should not know that.

Ans: Here are 2 options available.

Firstly, If she is staying with you, we would advice you to make call recordings or video recording of her making such threats.

Secondly, if she left your home then your make a written statement to the local police station stating that she left your house. If the case has already been filed we suggest you to hire a competent advocate to defend you in the court.

You also may want to prepare to file an anticipatory bail for yourself and your family if some criminal complaint like under Section 498a has been filed / is about to be filed against you and your family.

2. My wife is now 8th month pregnant, she been to her hometown. I suspect they may file 498 and maintenance on me.

So I would like to know, when there is a baby and when divorce granted who should take care of the kid ? Can she say that she don't want kid, I heard till 5yrs baby care should be taken care by mother, after 5 years can she send the baby back to me ?

Ans: Yes, upto the age of 5 years mother should take care of the and she is the natural guardian of the child. After that you can claim child custody if you want other wise you can support the child with financially.

3. I understand wife doesn't have right to claim for husband's property. But can she claim as there is a baby now ? About property it's on loan and it's just on my name. My wife or no one is included

Ans: Yes, your wife has no right over your property or any other property. Now she can claim for child maintenance only.

4.she was showing some false evidences as pic of some scar when her bangle was broken while cooking and where blood came out and she says it was because of my violence. How these kind of manipulated evidences treated by court ?

Ans: Court does not considers those evidences.

5. Because of so much mental trauma l, now I am not interested in her and seeking for divorce, what would be good time to proceed. I mean after delivery ?
Ans: No, you should not file divorce now. It is better to file RCR case first. if she refuses to come to matrimonial house within one year, then it is good ground for divorce, then you can file divorce case.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. Since you did not bother to lodge a complaint at that time, giving a complaint at this stage may not be entertained at this stage hence you wait for another incident by which you can directly lodge a complaint.

2. Let she deliver the baby first, after that in changed scenario many developments can take place. You are right that the child will remain the custody of the mother till it attains 5 years of age until and unless the circumstances are endangering the well being of the child with the mother.

3. Even the child cannot claim any share in the property at least not during your lifetime.

4. This can be handled during cross examination and extract the truth as well as the contradictions.

5. You wait for her to deliver the baby and then you can decide abased on the circumstances on further steps to be taken in this regard.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

1. The court can direct you to provide her accommodation in your house or, as an alternative, at another place on rent, the burden will be taken by you, but can't direct you to transfer the same in her name,

2. yes, she can take the ground of medical issue and left the job and the court will also consider her said ground. but her present job, though on maternity leave, and previous experience will help you in reducing the maintenance, but at the same time, the upcoming baby will increase the maintenance.

3. Alimony depends upon the need, if you are in a hurry to get rid of her, you can settle the issue by making payment of alimony, else just forget and contest.

4. practically, interim maintenance granted by the court without going through the facts, 

sounds bitter but true

5. a big difference in your and wife's salary, however, the EMI (and any other liability) will get deducted from your salary while deciding maintenance amount.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You don’t have to transfer house in wife name 

 

2) wife can seek alimony from husband in event of divorce 

 

3)court can direct you to pay maintenance even if wife files for divorce as there is substantial differences in your income 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

It depends on the merits of each case mostly court may tell you to give her residence right in that house. 

You can bring this before court and object to her alimony. 

No there is no such rule that If they file divorce then you don't have to pay alimony. 

You can show the intention of your wife to court

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

1. No court will ask for just maintenance not putting house in there name.

2. Yes she can claim alimony amount if she is not able to maintain herself.

3. See it is on court to decide. You can contest presently on ground she is employed and earning even she is filing divorce she can claim alimony.

4. In case of DV she can ask for maintenance and compensation though for same she needs dv to be proved.

5. Court will not ask to put house in case of alimony it has to be contested and if it is granted you need pay it or file appeal.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1.  No, in that case she may claim maintenance alone and not a share in the house, the court will not automatically ask you to make her a joint owner of the house, it is not court's job.

 

2. If you can prove that she left her job only for the purpose of alimony then the court may reject her claim for maintenance.

3. Your parents or her parents cannot file a divorce case, hence dont get into that type of ideas in your mind to escape the maintenance issues.

 In DV case also you can challenge her maintenance case stating that she is earning a handsome income as salary hence she is not eligible for maintenance.

The court cannot ask you to make her a joint owner of the house for any reason, there is no provision in  law for that hence dont stretch your imaginations wildly and get worried about a non existent thing.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Dear Sir,

1. You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

Right of residence in ‘shared household’ under Domestic Violence Act can be claimed only against husband and not father-in-law.

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]

Wife Entitled To 'Residence Order' Only If She Establishes Domestic Violence: SC 


2. Yes she can ask for alimony, it is her absolute right.

3. Yes you have pay alimony to her whatever the court directs you.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. Yes, neither kid or your wife can claim any right over your self earned property.
  2. But, I would advice you to file a complaint now (if no settlement was done in that day on paper in PS) as there is no law which can put he limitation on criminal complaints.
  3. In fact, this first complaint from you, would definitely help you to get divorce on the ground of cruelty.
  4. And if you happen to get divorce on the ground of cruelty then as per law she can’t take any alimony from you as then she would be at fault, but not you.
  5. Yes, she may be allowed for maintenance for the child or for herself also if she stops working showing some medical reasons, but that would be temporary till the time you get the divorce.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) you should go to visit your wife at hospital when she delivers a kid 

 

2) don’t be in hurry to file for divorce 

 

3) don’t file for divorce during her pregnancy 

 

4) after birth of your child try for reconciliation 

 

5) you can file for divorce in Bangalore wherein you last resided together or where wife is staying or where marriage was solemnised 

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

1. No.

2. You can file a contested divorce case.

3. You can wait until she delivers the baby.

4. You can file divorce in the place of marriage or place where you both last resided together or the place where she's currently residing.

 

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

You can file a contested divorce. You can file at your place where she was staying with you. 

Prashant Nayak
Advocate, Mumbai
34531 Answers
249 Consultations

A. Better wait for till delivery, may be after delivery her mind would be change. 

B. You can file divorce from where you both last resided 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. See if you don't go to see kid it will not go against us you can with permission of court see kid.

2. You can file a contested divorce on ground of cruelty.

3. You can file divorce after she deliver the child.

4. Yes file divorce after she deliver may be there is hope seeing child she may change if not divorce option is there with us.

5. Where you both last resided together or place where you were married or at her place.

6. If such thing happen file complaint and file for divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You should try to visit her and if they resort to any criminal action then you may lodge a complaint 

2. take divorce after the delivery on the humanitarian ground 

3. you can file divorce either at the place where the marriage took place or at the place where you two last resided together or at the place where she is residing 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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