File FIR against your wife and father in law for acts endangering peace and criminal intimidation under section 504 , 506 of IPC
2) mention that your wife under instigation of FIL assaulted you and your father badly and threatened to kill you
Wife abuses me and my father in CAW
I married in april 2019 by arya samaj marriage in which I bore all expenses. Then after 40 days, my wife left me in a mall after a movie. I called her many times but she rarely picked up my calls and even in calls accused me of leaving her. After 2 months, I stopped calling her and she went to CAW. In CAW I agreed to return every thing she left in my house but she became abusive and tried to beat me and my family. Her father while watching all this, kept smiling. when I tried to make a video of this and complained IO about it, IO simply said he would register an FIR against me. I fear, all we have left is to be beaten at CAW by this lady. Please help me out. she is way more heavily built than me or any of my family member. Besides, i can not even save myself at CAW...Help me out of this situation.
Asked 4 years ago in Family Law
Religion: Hindu
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17 Answers
Is this a love marriage ? Records her cruelty ( few incidents) and file for divorce. If she file FIR, apply for anticipatory bail or can apply for it before FIR file.
- File complaint against wife and her family in police station having jurisdiction of your area. Mention all the incident what had happened in CAW.
-Incase police doesn't listen, file complaint online at Delhi police portal.
Regards
Vivek Arya
Hi,it is advisable to take a lawyer with you when you visit CAW for counselling
It was an arranged marriage. She is govt servant but because of her family conditions ( troubled family) , she was not able to marry as per her desires ( as told by her). She talked very politely and put her situation in front of me that made me and my family say yes . They absolutely spent zero rupees in marriage, even the arya samaj basic registration money was paid by us. But just after marriage her personality and her family's behavior changed dramatically. She recorded everything since she left our home. We both want divorce then why she abused and tried to beat me , my father at CAW meeting. She is absurdly intimidating us with physical violence. My father is a frail 69 year old heart patient. She kept intimidating us with filing of FIR too. do we have any privilege knowing that fact that a govt servant indulging in these kinds of abuses and violence? thanks for Answers
Asked 4 years ago
File complaint against your wife before her superiors in govt service
2) enclose copy of complaint filed against her before police station
Dear Concern,
Please note -
01. First among all, stop making a visit to CAW cell for anything at all. It is not mandatory to visit CAW cell as that is only a mediation cell and no one can be forced to mediate with someone.
02. Since your marriage was solmenised in April 2019 itself so I would suggest you to file a case of voidable marriage under section 12 of the Hindu Marriage Act seeking nullification of the marriage on the ground on forced consent. The good thing about this petition is that if you win this case you will get the status of single rather than getting the status of divorcee if you contest for divorce.
03. But before going for the case under section 12 file a criminal complaint in against your wife and in-laws under section 406, 415, 420, 504, 506 of the IPC stating that you have been duped on the pretext of this marriage and now are being threatened with dire consequences if you do not bow down to their illegal claims.
Send this complaint to the concern Police Station by the way of post. Keep the tracking report of the post with yourself. After a week send similar complaint to the DCP of your concern area by the way of post and keep the tracking report of that as well with yourself.
Then file your application under section 200 and 202 of CrPC before the court to get your criminal case registered in against your wife and in-laws.
Once you have reached to the court by the way of this route then approach the court under section 12 of the Hindu Marriage Act for the nullification of your marriage.
From hereon, stop entertaining your wife and in-laws through any medium either by way of phone, sms, social message etc. If they try calling or contacting you or family do not entertain them at all. In fact tell this to your distant relative also and warn them that if they get in touch with your wife or in-laws they may end up in court as she may use that conversation to implicate them in criminal cases.
Install a CCTv camera at the gate of your house if possible even inside your home also so that if they try to enter in your house forcibly then that can be well recorded and be presented before the court.
Collect every evidence which is there with you for both the cases (criminal as well as nullification) and meet an advocate of your choice and detail him everything about your case. He will assist you further.
Prepare a date sheet detailing everything about this marriage right from the first talk till now. Prepare that in an excel sheet with three columns -
Date - Incident happened on that date - proof to back that incident which is being claimed on that date
For e.g. DD.MM.YYYY - We met for the first time for the talk over matrimonial alliance at my home - I have bills of the food products purchased for this meeting.
- As per Supreme court judgement , wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Furthe, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Since, she has abused and tried to beat you and your old aged father, then your father should lodge a police complaint against her and her family members, and a copy of the same should be sent to her office as well.
- Further, you should also lodge your written complaint before the higher police official , after stating that the officials of CAW , not cooperating to resolve the matter in dispute with wife , and threatening for a FIR .
You can file a contested divorce if you desire
If the CAW people do not interfere and stop her then you can give a complaint against CAW with the higher police officer of your city
The CAW police would have been bribed by them hence they are remaining as silent spectators.
You can refuse to attend the CAW meeting or mediation the next time and if forced then you can meet the higher police officer with a complaint against the biased attitude of the CAW police, besides you may even issue a legal notice to the CAW police for supporting the assault done by your wife in their presence and for their in-activeness over the issue.
Government servant status will not entitle her to behave in this unruly manner.
You can lodge complaint against her and her behavior especially towards your old aged and ailing father with the local police and can send the complaint by registered post if they refuse to accept the same in person.
You can File FIR against your wife and father in law.
Better engage a Family Advocate and visit CawCell.
No relief, better record her threats, and file for divorce.
You should Send a written complaint to SP of delhi against physical abuse you have faced in CAW police station you should pray for lodging of FIR against her for physically assaulting you and your father.
And next time when you go for meeting make sure to take some hidden camera or recording equipment so that you can record action of your wife her family and police officials.
You should file petition for annulment of marriage under section 12 of Hindu Marriage act on ground of fraud by spouse and her family members.
See in case police refused to file any FIR against her for beating and abuse directly file a complaint with the jurisdictional magistrate against her to protect herself further if she is not ready to settle and come back you can ask her for divorce.
See in case you complaint is registered with the magistrate of beating you have privilege since she is government employee the pressure shall be on her as on conviction she can loose her job too.
1. Let IO register FIR against you. He cannot arrest you without service of notice under 41A Cr.P.C. Once you are served with notice then apply for anticipatory bail.
2. You do not have any privilege.
