Harassment by wife and wife's parents
I am married approx 45 days ago. My wife stayed with me for 4-5 days and left me. Now she is demanding that we stay away from my parents. I asker her for some 2-3 months time as I am not financially strong and depend on my father. she didn't agree to that and My mother in law came to our home, threatened my mother and tried to assult me when my father was not at home. Since she is a lady I coudn't do anything. Please advice me what should I do.
Asked 3 years ago in Family Law from Hyderabad, Telangana
This is personal problem and legal intervention would sornsen this more.
Try to cajole her to see reasons. Stick to your point if you think those to be fair.
Wait for her to change. Do not take any hasty decisions.
Whenever any untowards incident happens like the one you have mentioned inform the local police but ask them not to take action just now.
1) refuse to bow down to black mail tactics .
2) clearly state that you are not in position financially to stay separate .
3) record the threats made by your wife and in laws .
4) in the event any false cases are filed of 498A obtain anticipatory bail and contest case on merits
5) send letter to your wife mentioning that she has deserted matrimonial home on her own accord after mere 5 days of marriage and request her to come back to her matrimonial home
6) contact a local lawyer
you should try to record your conversation with her and keep it safe. at this stage and on this ground you can't file divorce case because your marriage lasts 45 days only. if she refused to live with you then you should file petition before family court for restitution of conjugal rights. court shall pass order to her to live with her husband and if she again refuses and remain separate for more then one year then it may constitute valid ground for divorce.
If she files and false case under section 498 A ipc against you then your recorded conversation and filing of case for restitution of conjugal rights shall form strong basis to prove that her complaint is false and you will also borne in mind Anresh Kumar case, in this case it is held by the supreme court that police should not interfere in married couple without permission of the court. so immediate file petition for restitution of conjugal rights
This is the starting time of a new relationship. If you are amenable for the threats, then you become amenable in future also. So strongly conveyed your message that; you are not in a good position to move and live separate from parents. When there is clashes happened in relationship at the beginning and not settle amicably it will sustain in future.
If you like to continue the relationship then the legal remedy in your case is file petition before family court for restitution of conjugal rights.
1. You can ask your wife to visit a marriage counsellor to iron out the differences.
2. If counselling also proves futile then you may file for divorce.
3. You have the option of filing a complaint for assault against your mother-in-law.