• My wife harassing me and I want to leave her

Sir, I married in 01.01.2017 after two years i got audio recording with her boyfriend and i left her the she filled 498a and Domestic Violance cases against me and my family. (her Uncle is Lawyer)

than I take her back to may home after mediation and she withdraw 498a by become hostile witness and domestic case withdraw by her

After four months she harassing me and tell to leave my parents and become separate; i always refuse to leave my old parents than she threatened me suicide and hit on my private part and take knife to cut 
my private part; and she threatened to Mahila mandal and police case

I heard that when i will send her home she will got injured herself and will admit to govt hospital to fit 498a case

I want to send back to her home please guide to how to send her Home and safe me and my family from false cases.
Asked 4 months ago in Family Law
Religion: Muslim

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32 Answers

File for divorce on grounds of mental cruelty 

 

2) wife threatening to commit suicide amounts to mental cruelty 

 

3) wife forcing husband to stay separate from parents amounts to mental cruelty 

 

4) also file poluce complaint against wife for threatening to use knife to cut your private part 

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

File s divorce case . Get the order and remove her. Till then stay with her with all cautions.

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

1. You should have filed a complaint against her for the attack she committed against you. It could also have led to the filing of FIR against her under 307 IPC for attempt to murder.

2. You cannot stop her from filing complaint under 498A.

3. If FIR is filed then apply for anticipatory bail or file petition for quashing of FIR in the High Court.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

Respected sir ...

You made an early mistake by taking her back to your home as she is taking benefit of that you must have to to contest that case at that time if you who did so in past the present situation never occurred ...write a complaint stating all the facts and circumstances and give to your nearest police station ....but it would be much better for you that if you collect evidence against her such as any video or audio recording of her conduct ...that will help you alot .......

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

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 many years,

once you file contested divorce she may 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 

if she sustained any injuries in her parental home, you cannot be made liable for the same,

but, if she commit suicide and leaving behind a note mentioning your name, you have to face the legal complications,  

Suneel Moudgil
Advocate, Haryana
2166 Answers
3 Consultations

4.7 on 5.0

You can file  FIR against her "Attempt to Suicide"  and "Attempt to Kill". Plus narrate all above incident to police and want to live safety life for you and your parents. So as of now you don't want to live with your wife and send back her parents home or you & your parents will live in other place or home.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

If a wife puts pressure on her husband to abandon his parents, he may be well within his right to seek a divorce, the Supreme Court has recently ruled in a decision. You have ample ground available to yourself to approach the Family Court and prefer a divorce petiiton. I will suggest you to file one without wasting any further tme. At anytime she files any fabricated matrimonial cases against you, after you file your divorce case; you may take the plea that she has filed cases against you in vengeance and are nothing but a counter blast. 

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

Dear Sir,

Attempt to suicide is also an offense if she commits such offense in future then simple hand over her to the police and ask them to book a case. Even now on her threats of black  mailings and your recordings police can book a case. Just threaten her through police.

 

I can completely understand the stress and trauma that you are undergoing. It appears that she is mentally upset over breaking up with you and feels emotionally insecure and vulnerable. At first, you should consider taking her for psychiatric treatment. At the same time, in order to protect yourself and your family I think you should consider filing a complaint with the local police authorities. You should also consider informing the State and the National Commission for Women that you are going through this. This preemptive action may protect you from suffering any harm in the future in case she takes any step

 

India grants divorce to man whose wife refused to live with in-laws

India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.

Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.

“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.

There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.

Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.

“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”

Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.

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Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”

The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.

He focused on the “tremendous stress” the husband might have faced if she had succeeded in killing herself. “One can imagine how a poor husband would get entangled into the clutches of law [after a suicide], which would virtually ruin his sanity, peace of mind, career and probably his entire life,” the judgment said.

It said a suicide attempt alone was grounds for ending a marriage. “In our opinion, only this one event was sufficient for the appellant husband to get a decree of divorce on the ground of cruelty,” it said.

The case, which has been moving through the glacially slow Indian justice system for more than two decades, was brought by a man from the southern Indian state of Karnataka. He wanted to divorce his wife after she insisted on leaving her in-laws’ home, but had been denied a divorce by the high court.

In India, women are 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.

But in reality forced or quickly arranged marriages mean many young women marry into a life of near slavery, being responsible for all household chores and expected to obey their in-laws’ every demand. Often, they are barred from taking paid work, and have little control of the family purse. In rural areas, many women are prohibited from wearing western clothing, meeting friends after dark or leaving the house.

Some women have been pushing back against these restrictions, as the wife in this case tried to do. But the judge ruled that the “pious obligation” of Hindu men to look after their parents took precedence over her wishes.

“It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family,” the ruling said.

It is the latest blow for women’s rights in a country where sexual violence and trafficking is common, marital rape is not a crime, and discrimination is endemic.

In a 2012 poll of gender specialists around the world, India was voted the worst G20 country in which to be a woman. It was ranked worse than Saudi Arabia, where women can’t legally drive and were only allowed to vote for the first time in 2015.

The ruling also risks entrenching a dangerously imbalanced sex ratio, by endorsing parental preference for sons, who are seen as being more likely to support their parents in old age. The 2011 census found that for every 1,000 boys, there were only 918 girls. Sex-selective abortion was believed to account for much of the gap.

“The court is emphasising that it’s the son’s duty to look after his parents,” said Chusang. “So basically it’s saying that [a daughter] is not really part of the family. She’s going to leave, she’s never going to look after her parents in old age, and therefore she has no value.”

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

If she has done such acts then you should remove her from your home. Let her file false cases. Nothing will happen ad doesn't have any proof. You must be having any proper evidence to support your story ie how she hit you how she misbehaved and her chat with her boyfriend.

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

Audio and video recordings are admissible in evidence 

 

2) it has to be proved that recordings have not been manipulated or tampered with 

 

3) file poluce complaint and send her to her parents place 

Ajay Sethi
Advocate, Mumbai
76984 Answers
4621 Consultations

5.0 on 5.0

Respected sir ...

The audio and video recording that you have is sufficient for you for divorce and I don't know from where such lawyer did persue there degree if they say such stupid things ... convert them into CD and make a compliant to police station that she is harrashing me and in past she did false complaint and she is threatening me to face the consequences ...that will be sufficient for you .... We only need to move complaint prior to her ......

 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

1. See you may file a complaint before the local police station citing the incident she hit you and she is intimidating you for suicide and false cases. Also, you can inform them due to her behaviour and intimidation you do not want to take her back and therefore sending her home back. 

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

any chat, call records, WhatsApp record, video recording, if relevant, can prove your case and are admissible as an evidence

Suneel Moudgil
Advocate, Haryana
2166 Answers
3 Consultations

4.7 on 5.0

The evidence that you have with you, will help you in contesting the divorce case which you wish to file against your wife. 

Vibhanshu Srivastava
Advocate, New Delhi
9055 Answers
167 Consultations

5.0 on 5.0

- As per Supreme Court judgment, 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. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

Hence, legally your wife cannot refuse to live with your parents, especially when they are old aged, and further you are also duty bound to provide the maintenance to your parent as per law, and further at the time of granting of maintenance, court also looks the burden of parents as well.

- Further , if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Since your wife is using women card, but your mother is also a woman, and needs to pass her life in peace. 

- Your mother, being a woman can also file a complaint with the police against your wife due to harassment & torture.

- Your mother can also file a case against your wife before the magistrate under the provision of domestic violence act.

- Further, your parent has right to dispossess her from their house legally , after filing a complaint under senior citizen Act, and also after filing a mandatory Injunction suit in the  court. 

- However, you should also lodge your complaint against her harassment & torture, after mentioning that due to being a woman, she is creating such scene without any sufficient reasons, and further threatening to implicate in false cases again. 

- Further ,  the Supreme Court, in the matter of  R.M Malkani vs. State of Maharastra - AIR 1973 SC 157, made it clear that electronically recorded conversation is admissible in evidence, and electronic recording of a relevant conversation is a relevant fact comparable to a photograph of a relevant incident and is admissible as evidence under Section 8 of the Act. 

Mohammed Shahzad
Advocate, Delhi
4181 Answers
43 Consultations

5.0 on 5.0

Dear Concerned 

 

Given her cruelties you need to first strategically move this woman out of your house and then file a divorce case. You need to plan this with your local lawyer. 

 

False 498a case does not have a long life and fail during trial - you need to be mentally prepared for second round of false cases BUT this time they should be filed after you file divorce.

Atulay Nehra
Advocate, Noida
1247 Answers
56 Consultations

4.7 on 5.0

See for divorce the audio and video recordings can be accepted by the court along with a 65 B certificate under Indian evidence act.

You may contact and file a complaint with police and may start divorce proceedings as per Muslim personal law.  

Shubham Jhajharia
Advocate, Ahmedabad
25207 Answers
105 Consultations

5.0 on 5.0

Yes audio and video will surely work.

File police complaint against her for using knife against you 

Rahul Jatain
Advocate, Rohtak
4059 Answers
4 Consultations

4.9 on 5.0

On Non consummation ground and mentally not matching each other on this ground you can have divorce with her.

Ganesh Kadam
Advocate, Pune
10682 Answers
94 Consultations

4.9 on 5.0

Dear Sir,

You mental harassment is quite genuine and many men are suffering like this. First of all, you are suggested to gather mental courage and strength to deal with absurd situation. Next, you are suggested to submit written application to police authorities regarding apprehension of false cases by her against you and request for the sufficient opportunity to put your points before taking any action against you. Then come strongly against her and say that she would have to adjust with you with parents and that you will not leave parents. Also don't hesitate to report to police when she tries to hit you anywhere. And let her leave her own. Also, file the case of stealing etc. apart from divorce when she leaves.  

Ganesh Singh
Advocate, NEW DELHI
5435 Answers
10 Consultations

4.5 on 5.0

Being a Muslim by religion, you can approach a local jamat and express your grievances in this regard and seek their help to dissolve your marriage by following the Sharia laws to pronounce talak as per the permitted mode.

If not then you can issue a  notice to her with witnesses pronouncing talaq, in which you can mention the reasons (though it is not required) for this decision.

If she approaches police once again with false cases, you may obtain anticipatory bail and challenge her case properly in court of law.

You may also file a NC before local police about her threats for committing suicide or getting injured herself in order to put blame on you.

You may discuss with a local advocate and take proper steps at right time.

 

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

If she had injured you or attacked you violently with intention to harm you then you can use this video footage to lodge a criminal complaint against her with the police.

This will be an evidence to protect yourself in the future cases that she may intend to file against you.

 

T Kalaiselvan
Advocate, Vellore
66984 Answers
884 Consultations

5.0 on 5.0

1. The video recordings available with you will be very helpful in your divorce case.

2. You can also lodge FIR against your wife for physical assault and criminal intimidation.

3. These recordings will definitely be considered in court as electronic evidence.

Mohit Kapoor
Advocate, Rohtak
9322 Answers
3 Consultations

5.0 on 5.0

You need to file divorce and then seek separation from court. You can seek anticipatory bail to protect your family from arrest in false cases filed by her

Prashant Nayak
Advocate, Mumbai
20589 Answers
38 Consultations

4.4 on 5.0

Yes that is admissible in court and is a very good piece of evidence.

 

Rahul Mishra
Advocate, Lucknow
9795 Answers
18 Consultations

5.0 on 5.0

you can file divorce on grounds of mental cruelty and also record her threats and file police complaint against her. 

 

Mohammed Mujeeb
Advocate, Hyderabad
17335 Answers
11 Consultations

4.5 on 5.0

Original audio and video recordings are accepted as a valid source of Evidence. immediately file police complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
17335 Answers
11 Consultations

4.5 on 5.0

1. If you have evidence of the act committed by her, you may file the complaint even now. There is no limitation for the court to take cognizance of the offence of attempt to murder.

2. Audio and Video recordings are admissible in evidence if preserved and led in evidence in accordance with the procedure laid down in the law.

3. During subsistence of marriage wife has the right to reside in her matrimonial home.

Ashish Davessar
Advocate, Jaipur
29804 Answers
856 Consultations

5.0 on 5.0

Dear Sir,

In India, the message would be treated as an "electronic record" and admissible in courts as a conventional document would be, as per Section 65(B) of Indian Evidence Act provided:

  • Text messages on the telephone or whatsapp are considered at data in electronic form which is admissible in court. It is easy to tamper with the messages on whatsapp but please remember that even if one of the parties to a conversation / chatting on Whatsapp deletes a message partly, even then the whole conversation may still be available verbatim on the servers of Whatsapp. Moreover, your Internet Service Provider (ISP) may (possibly) also have copy of the conversation on its own servers. So, if there is a police investigation, the police can get the details from those servers. Moreover, the courts can also requisition such details from these companies.
  • Secondly, there is no doubt that messages on Whatsapp will amount to evidence. How much reliable or trustworthy or how weight is to be attached to them, will be of course a subject matter of appreciation of evidence.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
26 Consultations

4.8 on 5.0

Take certified copies of orders passed in 498-A & DVC case which were withdrawn by her, they will be useful to you.

Threatening to commit suicide and threatening to cut private parts will amount to mental cruelty, on these grounds you can file for Divorce.

Wife threatening to commit suicide and insisting  to separate from parents and stay at separate house amounts to mental cruelty.

Using the above documents, details lodge police complaint against her.

Further reply to your second post:

Use the said video recording while lodging the police complaint, the video recording can be used unless it is not tampered or manipulated.  It should in its original shape, no editing should be done to it.

You can send  her to her parents place, if she files any false case now, the above certified copies and above recordings and her acts post earlier actions will come to your support.

You are entitled to divorce under mental cruelty.

S Srinivasa Prasad
Advocate, Hyderabad
2514 Answers
8 Consultations

5.0 on 5.0

Dear Querist

First of all, send her back to her home with your money, means booking of tickets or taxi should be from your money. then issue a divorce notice to her and file a civil suit for injunction against her before the family court and restrain her to approach with you by any means. then after one month, send another notice for divorce, then next month, third and last notice for divorce along with three months iddat period maintenance and Mahr (if not paid). Divorce will be completed and there is no need of Court, as per Law Muslim Husband has no right to file a divorce case in India.

 

those audio and video will help you in other cases and those are electronic evidence which will be admissible in evidence as per Section 3/65B of Indian Evidence Act-1872.

Nadeem Qureshi
Advocate, New Delhi
5740 Answers
268 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been harassed to the level that anyone would go before the court of law to get justice.
  2. I would like to apprise you that it is absolutely wrong to say that audio and video recordings cannot be used for case in your favour.
  3. And also, as per the judgment of the Hon’ble Supreme Court, asking husband to leave the parents are cruelty in him at per se.

Sanjay Baniwal
Advocate, South Delhi
5333 Answers
13 Consultations

5.0 on 5.0

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