• Mental harassment by wife and in-laws

Dear all,
I have been married for almost three months.This is second marriage for both of us.couple of days after marriage my wife has started fighting with me over extra marital affair and the examples she presented was of past before marriage. she had left for her home..and then They lodged a complaint in women's cell and we were asked for counselling..there also she and her family turned abusive...after two counselling we settled the matter and she came back home. My dad was with me and he stayed back for few days.he is still staying with me...i have asked my mom to come and stay with me...after couple of days.she stopped doing things at home.. my dad is used to do work like cooking etc.. interference of her family was still there..no physical contact established between us as she refused initially and then i could not get those feelings again..she started complaining about my dad being there and why my mom needs to stay here..she didnot fight but started talking about the gold given to her during marriage by us.. which she has taken with herself..i can not prove it..its our words against hers..and then we came to know that during her first marriage they had filed maintanance case and then settled out of court.My dad asked her parents over..and the discussed about past case and why the marriage has broken down..since they did not tell us about this maintanance case..there they just started reacting and tried to give reasons..and avoid answering the questions..they offered to buy one house or give some gold..which my dad refused..we also told tht coz of my job i sometime travel to other city for deputation..which she took as hiding things..the same night my wife again discussed with me and my dad..and her tone was not good..and asked us to tell her everything..and stop asking abt past and negotiations etc..then after some time she discussed with me in private and asked where this relation is going...i told her as of now it is not going anywhere but i am willing to give it a try and it will take some time to get at intimate level once again..she agreed to it..next morning they again went to counselling and we were called ..after long discussion counsellors suggested we should get separated as there r temparamental issues..there also she turned violent and spoke abusively to me and my father and alleged that my father is influencing me and he is the reason for all this..
counsellor suggested that we think again and if not possible get separated by mutual consent as divorce fighting is lengthy process and both of us will suffer.
That same night my wife called my sister and told derogatory things about me and my father and threatened that if something happens to my marriage then they will spoil my life since they are localites....and put allegations of extra marital affair again..and kept trying again and again to call my mother and brother..

 i am in mental stress .  Pls suggest what should be done..what actions can be taken against me.what are my option...I am thinking of complaining about this to counsellors and take next step about separation... I am ready for MCD..but i am not sure if they will agree for it..they will fight it to have huge sum of amount..Will it be advisable to file for divorce on mental cruelty on my own..if i file on my own..will it go against me?
Pls advise next course of action.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Filing MCD will be a mutually wise decision in such circumstances. If your wife does not agree to MCD then you may unilaterally file for divorce on the ground of cruelty committed by your wife. The court would give her an opportunity to rebut your case. Gone are the days when the divorce cases ran for eons. 

2. Since your marriage is not a year old yet you may file for divorce on the basis that your wife's conduct is exceptionally cruel. Alternatively, you may file for judicial separation. 

3. Remember that your wife may hit back by filing cases of domestic violence or assault, in which event you should contest them in the court.
Ashish Davessar
Advocate, Jaipur
23173 Answers
641 Consultations

5.0 on 5.0

1) no divorce petition can be filed unless period of 1 year has elapsed from date of marriage except in exceptional circumstances . 

2) in your case only 3 months have passed . better wait for further 9 months then file for divorce on grounds of mental cruelty 

3) making false allegations of extra marital affair amount to mental cruelty 

4) record all her threats . it will help you in making out  a case . 

5)dont purchase any flat in your name . wife can file domestic violence case and  obtain injunction restraining you from selling the flat 

Ajay Sethi
Advocate, Mumbai
46856 Answers
2772 Consultations

5.0 on 5.0

Hi, From your narration i don't think your issues will be settled amicably so better you go for mutual consent divorce.

2. Suppose, if you want to file a divorce on the basis of cruelty it will take time and she may contest the case and it is very difficult to prove the cruelty.

3. She may file a police complaint against you and your family members on 498/A IPC and also file a petition for Domestic Violence Act.

4. She may also claim maintenance for her livelihood. 
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Since you've been married since last 3 months only, can not file for a mutual consent divorce before next year.
Contested divorce takes a lot of time, though you can file it now. Don't worry about the actions your wife can take. Fight every case on merit, she can not prove anything. Contest maintenance case with the help of a good lawyer. In the meantime you lodge a Police N.C against threatening by your wife.
Rajni Sinha
Advocate, Mumbai
330 Answers
34 Consultations

4.6 on 5.0

In your case, since its been only 3 months that you have got married, no divorce petition would be permitted. The accusation of extramarital affair amounts to cruelty. It is advisable to approach the counsellor and apply for judicial separation narrating all the incidents. You can file for divorce on your own but it would be preferable that first you make a complaint against the threats being meted out to you by your wife and then proceed further. this will safeguard your actions in a way that her conduct could be registered by the police/counsellor/women cell as to fake allegations being made by her etc.
Shaveta Sanghi
Advocate, Panchkula
887 Answers
64 Consultations

5.0 on 5.0

1. This is the 2nd marriage for both of you and probably no body, in normal course, will agree to marry you two, if you take divorce for the 2nd time. So, it is the last chnce for both of you to rear a family as normal human beings,

2. You should try to give marriage a chance to survive,

3. However, if you still want to terminate the relationship, then discuss with each other and go for MCD with acceptable amount of compensation since contested divorce will take years to be disposd off,

4. However, if she does not agre for MCD, then file a divorce petition on theground of cruelty also claming that it is her business to marry and take divorce against maintenance/compenstion as she did in hervearlier marriage,

5. Engage an experience local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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