• My wife threatens to file domestic violence case against me and my family

Me and my wife are living separately in Hyderabad ever since we were married from last 2 years.
Our home town is Kurnool and my parents stay there.
There are multiple times my wife makes a mess out of small things and made my life miserable..Last year also there was a big discussion between her family and my family regarding her bad behaviour.
Now suddenly she wants my parents out of her sight. But my parents never lived with us. Due to medical reasons of my father, my parents stayed with us for 1 month recently.. she has left home and she and her parents said if your parents are with you then we would not send our daughter..
Her parents are very intelligent and manipulative.
Now my point is my wife seriously have a mindset problem because if she cannot adjust with my parents for just 2 months out of 2 years of marriage, then I'm sure she will get us more problems when my parents really get old.. my parents are very well settled and doesn't need a rupee of mine and I just owe them my love to give them back.
Is there any way that I can safe guard my family from arrests because she threatened that if I don't agree she will file a harassment case..
Plz suggest me the road map on how to handle this legally
Asked 5 years ago in Family Law
Religion: Hindu

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17 Answers

Record wife threats 

 

2) file for divorce on grounds of mental cruelty 

 

3) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

4) no DV case is maintainable against parents as there is no shared household 

 

5) there is no arrest in DV cases 

 

6) in event any case is filed file detailed reply denying allegations made against you 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1. Your wife is fickle minded and not so  generous. Therefore it's not safe to live with her.

2. There is no precaution or safeguard which ensures no case to be filed. 

3. Therefore either change heart of your wife before she lives with all of you or let her away till time changes her.

4. Don't sacrifice your parents for a wife like this. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If she is putting all false allegations against you and you can prove such all allegations  raised by her then no need to worry about it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If at all she files a dowry harassment case,  you may obtain anticipatory bail and challenge her false case in court of law or by filing a quash petition before high court relying upon the circumstances and evidence in your side. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

No problem and worries. 

After going through the facts of your case, I would advice you as under:-

 

1-Please issue legal notice to your wife through an Advocate for Restitution of Conjugal Right under Hindu Marriage Act 1955. 

 

2-Under the circumstances and facts of the case she definitely would reject your notice and request for Restitution of Conjugal right .

 

She may file FIR against you and your father for cruelty and Domestic Violence. You may go for Anticipatory Bail before District and Sessions Court. You may protect your self and your aging parents by obtaining Anticipatory Bail from the Court.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

If she files or threatens to file any non bailable offence you can seek Anticipatory bail to secure your family from arrest. Also you can complaint to police about such threatening in advance

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1. File a complaint before police station that wife and her parents are intimidating you and your old parents to file false cases against you.  

2. See it is always better if things are settled mutually and peacefully, so you may talk to your wife first if she is not agreeing file for mutual divorce and separate. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

  1. The police cannot and will not arrest you or the family members just because your wife complains about harassment. If she files a Domestic Violence case, all you need to do is to engage a lawyer and defend your case. 
  2. In case she lodges an FIR under IPC 498A alleging marital cruelty, you will be contacted by the police. You need to gather information, engage a lawyer and get anticipatory bail for you and the family members.
  3. There is no specific precaution to be taken in the circumstances. You can however file a non cognizable complaint at your local police station stating your apprehensions about her filing criminal complaints against you.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Arrest is kind of impossible in husband wife dispute untill there is some heinous crime involved. So don't worry. 

File a section 9 RCR against her.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

 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. 

- 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, as per law, she cannot deny living with you, under the condition of separate living from the family.

- 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.

Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further , you are also under obligation to provide and care day to day needs of your parents legally. and they even 

ask from your maintenance legally. 

- Further , you parents can also evict her from their house legally due to her mistreat with them. 

- Further if your wife threatens for implicating in false cases , then your mother being the woman can also file her complaint under the provision of domestic violence act. as well.

- If she is not interested to live with you , then take her consent for mutual divorce , and on refusal you can file divorce petition on the above said grounds. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

First obtain anticipatory bail on medical grounds and showing their age etc.

Domestic violence case does not stand if the complaint is filed after staying separately for more than one year.

Preferably install Surveillance cameras in your house to capture any untoward incident / nuisance created by her and her henchmen etc., going  forward the same will help you defend any false case filed by her.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

False Domestic Violence complaints are in abundance. you need not worry as she has not initiated any proceedings against you or your family. i would suggest you and your wife to go through marriage counselling as that would surely help. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Only way to safe gaurd your family is that don't let your wife meet your parents and if you want to meet or live with your parents then try to be with them without your wife. 

2. Your parents can also give an advertisement in news paper that due to bad behaviour of daughter in law and son they are disowning you and her from their life.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir/Madam,

You are suggested to submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members.    This application can be sent by post, but preserve the application and postal receipt.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Try to reconcile between your family and your wife. Both party needs to compromise or adjust with each other, try to make her understand that her parents also can get in such a situation will she left them alone in difficult situation.

If you want to live with you wife you need to come on a amicable solution which can found only by talking or discussing the things and situation in a calm manner. As courts also send the parties to the mediation before initiate any family dispute. And most of the times, with the help of mediation parties end up with the amicable compromise and unite with each other.

If your wife does not understand these things, try to do the same thing with the help of someone else, who can understand the situation and who can help you in maintaining a peaceful relation and family.

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

File a case of divorce on grounds of cruelty and desertion.

Ask her to go away and seek injunction against her so that she cannot enter.

File a domestic violence case against her through your sister and her mother. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been threatened to have false allegations against you and your family members.
  2. I would like to apprise you that you should records somehow if possible or even if you can’t then also it’s perfectly fine, but yes you may have to approach the court of law for getting protection from arrest if she happens to file any case.
  3. You can move an application for the Anticipatory Bail even if you have an apprehension that she may have field or she may in future.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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