• Fake allegation of domestic violence - urgent help required

Sir/madam,
I am a 35 year old person working in Delhi & belonging to a small village in Himachal Pradesh. I got married in a poor house in November 2012. My father & Mother live in village with my wife & my 11 month old daughter. It is arrange marriage & my family not demanded anything from my wife family as dowry. My wife has two married elder sisters. At the time of marriage I come to know that my mother in law has some mental problem. My father in law has a very polite &   hardworking person & not enough time to look at his home. So, her aunty has fully control on their home. After married I realized that my wife also has some mental problem & she is abusive, short tempura & liar. Her mood is uncertain & swing all the time. 
My wife started shouting and abuses my parents within few months of marriage.  She started force me to take separate home & demanded part in property to my parents. It is refused by me & my parents. We tried to make peace by calling her; she keeps on saying all nonsensical talks. Even we tried talking to her father. He also tried to talk to her, but have no result. 
But her aunt tried very much backing her in all aspects. She started blaming my father & mother for verbally abusing my wife & tortures her mentally for dowry. She started denoting false and foul statements in public. My wife also does as she said & started blaming me, my brother & my parents for physical torture & abusing her.
Last year we have a baby girl in August 2014 after a cesarean operation. My wife & her aunt make again nonsense blame on us that we are trying to kill her by the help of doctors. 
In March 2015 her aunt takes this matter in Village Panchayat. They talked with me & my Parents & also my wife in presence of local police. After all, they given the decision in fever of us & scolded my wife & warned her aunty to do not enter fare in our family matter. 
This caused my wife & her aunt to have personal grudge on us and both of them torturing us in all aspects.

Now my wife & her aunt tried to make drama on every domestic issue & threatened us that she going to file complains at local police station blaming that we are tried to kill her giving slow poison in food & the name of medicine & also blaming me, my brother & my Parents for physical torture/ verbally abusing for dowry. 

You are requested that please suggest us what we do 

Thanking you

Sunil kumar Mehra
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1. I do not think that this marriage is going to work anymore and even if you forcefully work you would get a peaceful life anymore.
2. So first try to resolve the dispute by way of mutual divorce.
3. If this does not work then file a contested divorce suit.
4. At the same point of time lodge complaint of assault, abuses and criminal intimidation in local police against your aunt in law and wife.
Devajyoti Barman
Advocate, Kolkata
5149 Answers
54 Consultations
4.9 on 5.0
1) your wife needs psychiatrist treatment . she is suffering from mental illness . contact a local psychiatrist and obtain his written opinion  

2) you have stated that your wife aunt had lodged a complaint with village panchayat and hearing was conducted by them in front of local police . if you have written decision of village panchayat you can use it to your benefit in case wife files police complaint .

3) in the event any 498A case is filed for dowry harassment police will issue you notice and your statement along with that of family members would be recorded 

4)you and your family members can obtain anticipatory bail from sessions court . 

5) if wife files  domestic violence case file detailed reply denying the allegations and contest  the case on merits
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. Lodge a police complaint immediately against the threats being given by your wife and her Aunt for lodging false complaint against you and your family members,

2. Before that collect evidence of their such threats by audio taping their conversations with you,

3. After some time file a Divorce Suit against your wife on the ground of cruelty with the evidence so collected by you ahgainst them,

4. If your wife mends her ways, you can withdraw the suit after collecting an affidavit from her affirming that she will not repeat her cruel acts. 
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. Before they file the false complaints you may file for divorce on the basis of cruelty as the conduct of your wife demonstrates extreme cruelty towards you.

2. If she files false charges against you then you should immediately apply for bail lest you are arrested and put behind bars.

3. It is most likely that your wife will name your parents also in her complaints, in which event all of you should seek bail.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) if your aunt in law is threatening you and your family record her threats 

2) lodge police complaint of criminal intimidation under section 506 of IPC 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
Yes, do lodge complaint against her aunt.
If you do not want divorce for the sake of the child then think of taking you wife to a far away place so e rergular interference of aunt may not be like before.
I do not see any other option.
Devajyoti Barman
Advocate, Kolkata
5149 Answers
54 Consultations
4.9 on 5.0
Unless better sense prevails on your wife the issue cannot be resolved. Take the legal steps mentioned above.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Actually, though her aunt is the brain behind the sordid affairs going on in your life, yu do not have any case or complaint against her to be lodged legally.
Her aunt cannot be booked for her indirect and behind the screen activities.  If he is involving directly especially while your wife is living with you in your house, you may issue a legal notice to her warning her strictly to stop all her such interferences in your family life or else you would initiate police complaint against her for creating nuisance in your family life and also for provoking or instigating your wife to do all such acts which are detrimental to your married life as well as to the well being of your daughter.This should make her to stop and refrain from indulging in such activities, if this is not proving to be effective, you may resort to appropriate legal action against her.
T Kalaiselvan
Advocate, Vellore
13914 Answers
127 Consultations
5.0 on 5.0

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