• Wife don't move with husband & continues staying at husbands property.

I'm Hindu. I have been in love relation ship with her from 10 yrs in that last 5 yrs i went to abroad for work & came back managed parents & did an official marriage. Right after few months of marriage she has been mentally harassing me & my family members. We stay at lower floor of my home wherein my mother & brother stay at 2nd & 3rd floors of home. Even after trying to understand & console her in many ways with many peoples she has gone worse. Using my past she knows as black mail, creating stories of my having an affair with brothers wife, abusing my mother in vulgar language, tried to manhandle me many ways tearing my cloths, biting me, hitting me with households, once she even made up story of me having an affair with my mother with cheap & disturbing language. I had to move out of home to have peaceful & stress free life & future. After requesting her many times she is refusing to stay with me on rented home. she is living in my home alone & disturbing family and neighborhood. My home is ancestors property not my self earned. But after my marriage we have made a partition deed among me my mother and brother with one floor each. I do not see any love and affection in her which she used to have during our long relationship. An FIR as been registered from both the ends her side and my side. Wherein she filed 489 along with few on all my family members the police also understood my situation and filed an FIR on my behalf to her on violence and man manhandling. Now she is continuously behaving like a threat to my family members while showing them leadership on home and abusing them periodically. Please suggest me what i can do to come out of this situation along with making my family members safe and making her move out of the home.
Asked 1 year ago in Family Law
Religion: Hindu

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11 Answers

1) file for divorce on grounds of mental cruelty

 

2) wife accusing husband of having extra marital affair with mother / sister in law amounts to mental cruelty and is ground for divorce 

 

3) wife abusing husband amounts to mental cruelty

 

4) wife filing false complaint against husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Hi

Immediately install surveillance  cameras and record her acts / activities.

Demonstrate before all concerned her attitude and character.

If the situation goes bad to worse, then go for divorce.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2864 Answers
9 Consultations

5.0 on 5.0

Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. 

try to settle dispute amicably. 

In case your spouse is not ready for the mutual consent divorce, then you can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act.

Mohammed Mujeeb
Advocate, Hyderabad
18986 Answers
13 Consultations

4.5 on 5.0

If property belongs to husband than wife have right to residence in share household. Gift the house to your parents and than they can file eviction suit agasint her. But than you have to arrange separate accommodation for her on rent.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

Dear Client, 

As per facts, you have to give all the evidence before the court after a case registered, against her to mentally harassing you & your family.

 

You may call me through KAANOON for more detail. 

Mukesh Kumar
Advocate, Jaipur
92 Answers

4.9 on 5.0

Legally you are on unsafe grounds until and unless you move her out of the house.  For that, you may try speaking to her family members to intervene in the matter and help you save the marriage.  You have to convince them that you want to save the marriage.  Suggest marriage counselling. Once she is out of that house, then, after staying together a year or so and collecting all evidences of her mental instability, then you can make a move to put an end to marriage. 

You will have to handle the situation very tactfully as it is important that she leaves your ancestral house, else she can drag your family in false cases.  I would thus suggest you at this stage, do not plan a legal step and rather plan a good strategy. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

See for family members anticipatory bail can be obtained and they can file a quashing petition before the high court to quash the FIR against them. Further see you can also file for divorce after one year of marriage on ground of cruelty or before one year of marriage by taking permission of the court. 

Further she you both have been in so long relationship you both can try for marriage counselling if you wish to continue with her.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

File DV case against her.

File divorce case also. 

Kallol Majumdar
Advocate, Kolkata
2784 Answers
4 Consultations

5.0 on 5.0

If your parents are senior citizens then you can file complaint under senior citizens Act to evict her from that house

Prashant Nayak
Advocate, Mumbai
22633 Answers
49 Consultations

4.4 on 5.0

This is a high time that you file a divorce case against her on the grounds of cruelty.

Once you get divorced, she has to vacate your house but till then you cannot forcibly evict her from the premises since it is her matrimonial home.

You may have to endure until then.. 

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that she has been using everything to harass you and your family.
  2. She can live at your property, but she can’t claim any right over it once you get the divorce decree.
  3. You can file divorce petition on ge ground of cruelty on you as she has been doing with your family members also amounts on you.
  4. Ask your mother and brother to record her abusing languages and threatening things and complaint about her in police before she filed any false case against them.
  5. Once they do this, at least they can go before the court and seek protection from her.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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