If your parents are senior citizens then they can take action against her and evict her for harassment to them. A woman member can also file domestic violence complaint against her.
Mental torture by wife
I am Vinay, Age 36, work, and live in Mumbai and hometown is Gujarat where parents live. I was married in June 2018 to an Assamese girl named Riva, Age 36, who I met via Shaadi.com. She was living in Mumbai with her elder sister and Brother-in-law for the past 12 years and her parents live in Assam. Before marriage, she pretended to be very kind and caring. However, just after marriage, my wife’s nature changed drastically. She picked up quarrels on very petty issues and started abusing me and my family without any valid reasons. She reacted very badly to normal day-to-day activities and fabricated issues to create a scene that she is being tortured. In addition, she started creating nuisance in life like making annoying loud sounds in the kitchen while preparing food, or at midnight when I am deep sleep, she will make a banging sound by throwing steel drinking glass on floor pretending that it was by mistake. She does this to provoke me to say something; so that she can create an issue on that and can leave my marital home. She even crops up false stories about parents so that intense arguments take place and my peace of mind is disturbed. This gives her opportunity to go and stay with her sister for weeks and months and then returns as if nothing has happened. This way she finds ways to escape from marital duties and live with her sister. She has a habit of sharing everything with her mother and sister via call. They call multiples times in a day and ask every minute details. Whenever I opposed this life sharing habit with others outside family, she took it negatively, quarreled and blamed me for coming in way of mother-daughter-sister relation. Looking my life in bad shape and continuous external interference, my parents decided to meet my sister-in-law to discuss this. However, in that meeting too my sister-in-law cropped up many stories and blamed family and me for all this. She also threatened to file a false case on me. Later on a call with parents, she abused me badly and said that I have instructed Riva to torcher Vinay. My wife also has many times said she will implicate me in false case and churn out money. Due to this mental trauma, my family and marital life is like hell now. Please let me know what actions can be taken by me at this time.
Asked 4 years ago in Family Law
Religion: Hindu
13 Answers
All her acts are mental cruelty and valid ground of diovrce. Start recording all her acts, threats etc. Also of her sister - than on the basis of these, can file for divorce and if she files any false cases, these recordings will be best defense and evidence of your innocence.
At this time, just record all her acts.
As far as possible try to settle the matter amicably with help of common friends,relatives and elders in your family by taking a joint meeting. If this is not successful than try counselling and the last option is divorce.
Dear Sir,
Safeguard yourself, your parents and your relatives.
1) Be very polite in all circumstances. Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. Never produce the originals before anyone, not even before your lawyer. You can buy Olympus W-10 voice recorder, which costs about Rs.4500. You can also buy a telephone recorder.
2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately.
3) File RCR (Restitution of Conjugal Rights). Remember to include conditions that she should agree on before she starts living with you again.
4) Collect evidence to prove that you have neither demanded dowry or have taken it anytime.
5) Collect evidence to prove that she moved out of the bond of marriage for no apparent reason.
6) If she does not already know, make sure that she does not come to know that any of your family members is an NRI.
7) Don't remain home during weekends and holidays. Have proofs of where you were. For instance, if you were in a mall, have a credit card transaction in that mall and keep the copy of that transaction.
1) record her threats
2) file for divorce on grounds of mental cruelty
3) wife abusing husband amounts to mental cruelty
4) wife refusing to stay with husband amounts to mental cruelty
5) wife threatening to file false case against husband amounts to mental cruelty
1. You shall have o decide as to what do you want from this matrimonial relationship you have with your wife.
2. Do you want to terminate it or continue with it.
3. If you want to terminate the relationship, collect all the evidence of her torture by audio/video recording her conversations and thereafter file a divorce suit on the ground of cruelty submitting evidence in support of your allegation.
4. Before filing divorce suit, send a complaint letter to the police alleging that your wife and her sister has threatened you that she will lodge a false police complaint u/s498A of IPC if you file divorce suit against her.
- You must move the family court for matrimonial remedies. Which remedy you will plead for, can only be suggested to you after an exhaustive consultation session.
- I'm based in Mumbai/Navi Mumbai just as you are. So it shouldn't be much difficult for you to visit me for such exhaustive consultation. . I'm prepared, not just to advice you, but also to be your counsel (advocate) and file & plead the appropriate petition before the family court.
- Regarding her threats of filing false complaints against you, I handle such criminal matters too and competent to defend you.
- So do pay me a visit for exhaustive consultation
- if you want to remain in the matrimonial relationship, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court (after sending her),
and,
- if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
you can start procedure by sending legal notice to her and later on you can file divorce petition on the ground of cruelty non compatibilities and misbehavior in family court and there you can submit the evidences you have at the time of submission of evidence if she is not working you may be liable to pay the maintenance amount to her as decided by the court and you must be ready for some police cases for the domestic violence and other related cases but at least by doing this you can save yourself and your family from the day to day torture and miss behaviour of your wife
See you can firstly file a complaint before the police station stating that your wife and sister in law are intimidating you for false cases.
Further you can file a divorce on ground of cruelty against her , all these incidents supported by witness and some evidence can be strong ground of divorce.
If you feel that this is intolerable and she is becoming more and more aggressive every day then you may plan to quit this married life with her by dissolving the marriage through a decree of divorce.
You can consult an advocate in the local and discuss the strategies including filing a divorce case on the grounds of cruelty.
If the situation or the circumstance is not conducive or harmonious and appears to never allow peace in life, then you may decide to file the divorce case instead of continuing with this mental pressure and distressed life.
You can file cruelty desertion case against her and go for family counseling with counselor.
1. For taking any action against your wife you have to make yourself safe from false cases against you for mental and physical cruelty.
2. Install hidden CCTV cameras in common areas which can help you prove that your wife is harassing you and its not you who is harassing her.
3. You both should go to fir counselling to sort out the dispute between you.
3. If this doesn't work then you can file divorce petition against her on ground of mental cruelty.
