• Domestic violence

Hi, My brother is married for more than 15 years. Has kids. One 18 yrs and other younger. For all these yrs, no more than 6 months period is there when his wife did not have fight with him. My widowed-mother used to stay with them. But now she lives alone separately. I stay in different city.

My brother is worried if his wife goes to police, he is in undue trouble. She has some psychological problems. Sometimes too much love... sometimes hatred to the extend of divorce. She's working, earning good. Reason of fights: We couldn't understand so far. No other woman. May be issue with mother-in-law. But she also has issue with husband. Both kids are with father. They also doubt she's some psychological problems. Tried to take her to doc, but could not be successful as she takes it otherwise and then huge fight. Her family side ppl are blind and unconcerned. 

After one such many many fights, she wants to start over again. But this has happened over 100 times before. My brother wants to be safe if she goes to police and files a complaint against him if they fight nxt time.

My question is: How can he be safe against police action, if any in future? Since she is in sorry state, and wants to patch up one more time, Can we ask both to sign an affidavit stating all is fine between them till today, in presence of our key relatives? Objective is to make him safe against police action. Note divorce is ruled out.
Asked 5 months ago in Family Law
Religion: Hindu

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13 Answers

1) ask wife to give in writing that there have been no incidents of physical and mental cruelty after marriage 

 

2) file NC with local police station regarding constant abuses and threats of wife 

 

3) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

There is no preventive option.  The action to be taken depends when the circumstances arise.  

In other words if the FIR is registered then you can apply for anticipatory bail which is mostly allowed. 

No agreement can restrain the party from filing the case.  Therefore this is not a fool proof idea as well. 

So try to iron out the differences and build the marriage.  No paper work save the relationship. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Although you have ruled out Divorce, that is the only best option to go about. Social stigma and Children's future can be sorted out. The reason is, no affidavit or agreement can be a foolproof safeguard

Kajal B Joshi
Advocate, Mumbai
4 Answers

4.9 on 5.0

1. In case of any complaint by her with the police he should first obtain anticipatory bail and challenge her false cases on merits. 

2. The affidavit is not maintainable neither it can be enforced in law. 

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

You can take her to family counselor for counseling. You can get signed from for affidavit but can give NC against her in the police station for her act like attempt to Kill or attempt to suicide.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

yes you can execute the affidavit for satisfaction but the said affidavit doesnt have legal hold if retracted

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

1. they (husband & wife) can enter into a memorandum of understanding,

2. you can also ask for the affidavits but won't it create a doubt that if everything is fine then what was the need for the affidavits,

3. actually, they have to mention the disputes, however, deny any physical violence, and, the involvement of any other family member,

4. you can contact me or any other lawyer regarding the drafting of the matter  

 

 

Suneel Moudgil
Advocate, Panipat
2341 Answers
3 Consultations

4.7 on 5.0

- 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.

- 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 , the brother of your wife is having also psychological problems , then he can lodge his complaint/information  before the police after stating that she having problems , and always used to fight with all the family members , and threatening for implicating in false cases . 

- Even if will take the affidavit from her in the presence of some witnesses , then she can refuse for the same , however you can take her undertaking in the presence of her relatives . 

- Further , if she files a DV case , then your mother being a woman can also file a complaint under the provision of Domestic violence Act as well against her daughter in \law for harassment. 

- Further if she is not interested to live with your brother , then he should take her consent for mutual divorce , and on refusal can file divorce case on the above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
6268 Answers
64 Consultations

5.0 on 5.0

1. Your brother should file a case of judicial separation against his wife on grounds of mental cruelty and make his children as witness in the case.

2. Yes you can go for Memo of Understanding between both parties in which she give consent that her behavior towards family was not good and she will not continue with this behaviour in future.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

So, if divorce option is ruled out ask them to see some mediator who talk with their issues and it's for both of them so she won't feel in other way. 

Now, if family and husband feels that she is not good in her mindset then try to get evidence whatever she is doing to the husband like fighting on message or on call then record the calls, if there are any eyewitness like neighbour or servent then make sure they will be in your side whenever you need. 

There is one option in police matter that if she filed any complaint if you really feel that she will take such steps then husband can reach out police or if you have anyone in police then talk with them about this things and show some relatable things and prove yourselves. You will get police conformation and when she do such thing police will contact you first so you get time for reach out lawyer whoever is in your city, and it won't create that much issue. 

Sanjna Vaishnav
Advocate, Gandhinagar
57 Answers

Not rated

The first and foremost thing when a complaint or petition is filed any body is to enter appearance and file objection statement.The Court will not dismiss any complaint at the threshold. One has to appear and defend himself or herself. You can give all details in the objection statement narrating every detail to prove your innocence.

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

Make a representation to the local police station stating that she is mentally ill and your family will not be responsible for anything happen to her.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Normally mutual agreement can be done in women police station and nothing more than that.

Nitesh Gautam
Advocate, Shimla
17 Answers

Not rated

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