• Harassment / torture by my wife for 6.5 years and harassment by in-laws

Hi Respected Lawers ,

My Humble details :
I am married 6.5 years back through Jeevan sathi website to a Patna girl from Bihar city ..i belong to kayastha family of Hyderabad and reputed family of Doctors /Engineers 
This lady is constantly taunting me and abusing my Parents with their names that Tera Baap mar gaya kya etc Teri Maa Randi thi etc which is completely (where as my Father stays in Hyderabad city and since marriage he never visited my premises which are in Pune ,My Mother was completely Religeous and Pous Lady who left for heaven in 2014 due to prolong illness ) 
this lady takes 5 k every month from my Salary and asks me to depost Rs 40k in her elder brother's account (since he has helped me in difficult times for my preveous loans by providing approx 4.7 laksh) 
Now i am left with sometimes only 1500 to manage whole month for communiting to office but she doesn't care a hoot 
All most all the months of the year either her Father (80 years old ) /Her elder sister (divorcess ) and her elder brothers /Mama's etc would be visiting my premises and statying here 
She is completely Non veg and uses all foul words full of filth and does't respect my parents and she hardly makes any call to my parents in the whole one year ( in the last 6.5 years of my marriage ) she never tried to call my parents to my premises for any dinner etc 

We have not taken any DOWRY from this family and her father gave Gold ornaments worth 3 lakhs which are lying in the ICICI locker in hyderabad and i did not get an opportunity to see what was given 

She is alwasy going to neighbours house on some pretext or other and forces parties with neighbour ladies and drinks wine and comes late in night 
She BEATS me and my Daughter ( 5years girl ) mircilessly almost every week or every alternate day
Always using Choicest of abuses against me and my daughter 
She threatens me that if i give police comlaint then she will consume poison along with my two daugthers ( 1 year and 5 year )
in the last 6 years of my stay with her ..She has beaten my Daugher many times and on 5 occasions i have slapped her on her cheek and she returned the slap with atleast 10 slaps in return and used all kind of abuses /unparliamentary words against me and my parents 
further she ran away from the premises after this incidents to unknown locations and she came back after i called her and pleaded her to forgive me for no fault of mine 
Recently on a tiff -when she was mercilessly beating my dauther (5 years girl ) i interferred and i have stopped her -she started mercilessly beating me and beaten my for altlest 20 times with her Chappl 
after this i tried to ran away from premises and brint neighbour into the flat for pacifying her but she pulled me back and again attacked me mercilessly and then i punched her on the forehead to stop her gundagardi but the ring in my ring finger hit her above the left eye brow and she started bleeing then i took her to the nearest hospital
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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21 Answers

Now do these things....

1. File a conspired police complaint against her and her all family members by alleging them that they have beaten ypu and your daughter and also threatened you and your daughter to kill...

2. File a permanent child custody case under guardianship and Wards act. 

3. Divorce case against her.

After all this you could face some legal charges but don't worry you will not be arrested and at a stage they will come to compromise. At that time you can ask for whatever you want. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have narrated your story in  very lengthy manner whereas you have not asked what solution you want by telling us your story.

Well, if the situation is intolerable and if you feel that it is no more feasible to continue this married life with her, you may file a contested divorce cae on the grounds of cruelty.

You can mention all the uneventful incidences that took place in yor married chronologically in your divorce pleadings.

It is not necessary that your pleadings or statements are to be supported by documentary evidences, the neighbors' witnesses also can suffice to establish your plight before court.

You may consult a local lawyer and proceed on the suggestions received. 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

You may inform local police in writing about this harassment and also issue a legal notice. Further you can also proceed for divorce on the ground of mental cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

record her threats and collect other evidences and file divorce on the ground of mental cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can proceed with your divorce against her. You can also file for custody of children if any. If she proceeds with any FIR you can apply for anticipatory bail to secure from arrest

Prashant Nayak
Advocate, Mumbai
31960 Answers
180 Consultations

4.1 on 5.0

You should not have executed affidavit 

 

2) it is an admission on your part that you have abused your wife 

 

3) you should now record her abuses 

 

4) install CCTV cameras in the living room of house 

 

5) if you are assaulted by your wife file police complaint 

 

6) obtain medical report as to nature of your injuries 

 

7) file for divorce on grounds of mental cruelty 

 

8) don’t transfer any funds to your brother in law account 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7548 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty 

 

record her abuses . It would help you in making out a case 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7548 Consultations

5.0 on 5.0

1. You may file police complaint against her for intimidation abuse, threatening that she will poison your daughter's , intimidation for false cases and proceed with FIR against her.

2. Also you may file divorce and child custody petition on ground of cruelty and for welfare of your children.

In divorce petition it can be mentioned that she is cruel and continuously abusing you and beating you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further the child custody petition can be filed on ground of the welfare of the child that mother is beating harassing daughter and not taking care of them. Also there is threat that she may kill them.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Respected sir...

I have gone through your entire question in the last there is nothing as what do you want to ask sir solution to your problem is within your hand apart from seeking to the legal solutions you must have to be strong instead of of being a person who is written by beaten by chappals... If you are strong then she cannot do nothing not even a single act for that you must have to initiate and be strong that affidavit which is duly signed by you does not have any authincation in the eyes of law..Uninor to worry just make recordings of all tracks whether that we video recording audio recording whatever you do whatever she said said this make it record that and if you do such kind of acts as he threatens you just move and complaint and give the same in the your jurisdiction police station that you will not be responsible for any act if we do in the near future...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

After going through the facts of your case, I would definitely recommend solution for your peaceful life which is as follows:- 

Pl move for divorce before the Court of law .

Pl apply Custody of both the daughters. 

Pl call your father for taking care of your daughters.

Pl appoint some good lawyer from Pune who may guide you further in the present matter. 

Due to COVID-19, you may not get immediate relief because Court are not functioning in full quorum at its place. 

You have to wait until lockdown is completely lifted by the Government. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. The affidavit does not have any force of law, hence no rights and liabilities originate thereunder.

2. You are free to file petition for dissolution of marriage on the ground of cruelty.

3. If she files 498A then apply for anticipatory bail,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can give NC (No Complaint) in nearest police station against you for her two statement first "attempt to kill you and your daughters" second one "attempt to suicide".

 

For your safe side in your future life take this step on immediate basis.

 

Arrange a counselling of your wife through family counselor. where she can control her bad behavior with you.

 

If you visit nearest police station get the help of women cell people. 

 

All her nature can't be controlled on one day, you have to point out her weak point where she can get emotional towards anyone and pickup those point as defend to her behavior and act accordingly.

 

 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Ans: please go file an FIR against your wife narrating all these incident's.

Unless you file an FIR there will be no progress.

Also consider filing for a divorce so that you are free from all the abuses..

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Dear Sir,

Your situation is really heart rendering and pathetic. But you are suggested to be bold and take steps to get out of the hell created by her. However, your words are fully true but that requires proof and for this purpose, you may install keep recording devices of audio/'video recording of her activities (by secret ways). Be purely polite in your behaviour and let her things and actual color be recorded. Also, not let her know your plan and after having the sufficient recordings and proof, file the criminal as well as civil case against her, her sister and other relatives. Also file case of divorce on the grounds of cruelty and for child custody and let her face the music.   

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear Querist

You should immediately file a divorce case against that lady before the Family Court based on Cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 and also file an application under section 26 of HMA for Child Custody.

 

Apart from the above file an application Under Order XXXIX Rule 1 & 2 of CPC for a temporary injunction against her before the Family court that she should not contact you and the children without the permission of the Court.

 

 

She cannot take any action against your father as he was never residing with you since your marriage, so there is no question of any offence committed by him.

 

Feel Free to call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

 - Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- You submissions are showing that you are subjected to cruelty , and playing with your sentiment on the ground of woman. 

- For your safety , you should lodge a complaint /information before the police and higher official after narrating whole facts in details , and thereby mention that she is playing woman card , and may be implicate in false cases , and further threatening for committing suicide . 

- As per supreme court , regular threat of committing suicide by the wife , is amount to cruelty and ground of divorce. 

- Hence, file a divorce petition on the ground of above said cruelty . 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

1. The torture you are suffering is only because of your because you have never try to stop her from doing whatever she wants.

2. You should first of all install some hidden cameras to record her abusive behavior towards you and your daughters

3. After collection of evidence Lodge FIR against her for torturing you and criminal intimidation and giving threats to kill your daughters by giving poison. 

4. If possible take your daughters to your parents place then file divorce petition against your wife on ground of mental and physical cruelty against you and your daughters. 

5. Also file a case for custody of your daughters. If you can prove that your wife is a drunkard then it will be easy to get custody of your daughters.

6. And most important stop saying sorry for something which you have never did. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you and your whole family is subject to her cruelty.
  2. I would like to apprise you that what you have entered upon with her, you are always at the liberty to get divorce from her on her harassment and cruelty on you.
  3. Before she files any false and frivolous case against you and you family, you should process to file a divorce petition on the grounds of cruelty as after this if she happens to file any case then that may be taken as after thoughts of your divorce petition and you can be saved from further harassment.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Well it is a serious situation wherein you and your children have been aictim of domestic violence and abuse by your wife.

File a divorce petition against her on grounds of cruelty and abuse.

Also highlight what she does with the children ie beatings abuses etc.

Record all her activities by purchasing a hidden camera. That would be helpful to you.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should arrive at a settlement with this woman otherwise she will destroy you and your children's life.

File a divorce petition. Leave her and go live someplace else. Also if you are on rent then leave her. Inform the court about her behaviour. 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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