• Cheating and creating mental trauma

My wife's family hide the following things to get my wife married to me. 

1. My father in law is a college drop out - He lied to us that he graduated MBA from IIM and own 2 companies. In reality, he is a BCom drop out and has no job
2. My wife and her family tried to make me pay all their bills and loans. Since I refused, they put pressure on my wife to continue in her job and create a strong dependency on her. Because of this, she's not even able to perform her duties as wife or daughter in law to my family. 
3. Her family constantly calls/texts her to make her take control of my family. She intentionally disrespects me and my family
4. Just because I married her, I kept quiet for a long time. At one point, I started asking questions and started reacting to their lies. When confronted, they shift blame and play the victim for my reaction(totally ignoring their lies or action which caused my reaction). I wasn't going out of control. I was just trying to question whenever they lie. They never want to admit their lies or apologize, and shift the blame on others with full of lies. 
5. My father-in-law had a criminal case against him - Details unknown. I didn't do a good job in background verification before marriage as I trusted them completely. 

I and my family go through a lot of mental trauma due to their pathological lying behavior, their dependency with my wife, my wife's background action. What is the best way to stop them doing all these things anymore? Is this considered as cheating? Does law allows taking action for this?
Asked 3 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

File for divorce on grounds of mental cruelty 

 

2) wife abusing husband and in laws amounts to mental cruelty and is ground for divorce 

 

3) in petition mention that father in law lied about his educational back ground and in reality has no job 

 

4) since your wife is working she would not get maintenance unless there is substantial differences in your incomes 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

There is no way to correct their old habits.  However there is way to get rid of your wife by filing a divorce suit. 

This would entail slow if cases from their side like 498A IPC  case under PWDV Act etc but ultimately you would be free from their clutches after a while. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

1. That your father-in-law is a college dropout and a criminal should be immaterial to you in so far as your marital life is concerned.

2. Your facts contain general and omnibus statements and no specific incidents are narrated. So no cause of action arises to you to initiate any legal proceeding,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Cheating case cannot be made out though the conduct of wife and in laws is certainly unethical. The solution is not legal but firm reaction from you of no nonsense warning to wife.  Any legal action by you may open floodgates of cases against you given the favorable law to women. Handle the problem tactfully but firmly. It is good you are not out of control. Given the family background they are quite capable of approaching police and court. Don’t give them any excuse for that.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Hi, If you file a Cheating against your Father-in-Law, your relationship with your wife will be collapsed. It is better if you don't won't to continue their relationship you can go for divorce.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear Sir/ Ma'am,

Firstly,

Since this a case of fraudulent misrepresentation and concealment of facts before marriage, you can refer to the following legal remedies and provision with judgments passed by the other courts.

Bearing in mind, the term 'fraud' used in the section 12(c) of the Hindu Marriage act, it includes every and any misrepresentation or suppression of facts. It is further added to your knowledge that fraudulent misrepresentation or concealment with regards to the financial status of the family of your spouse is also considered as a fraud.

Smt. Urmila Devi vs Shri Narinder Singh on 12 September, 2006 [Equivalent citations: AIR 2007 HP 19, 2006 (2) ShimLC 445]

It was held that, 'In case any fact or circumstance is concealed which is of such a nature that it shall materially interfere with happy marital life it will definitely be a material fact or circumstance. In my opinion, withholding of any such fact which if disclosed would have resulted in the husband not agreeing to the marriage is a material fact.'

The involvement of your father in law in a criminal case would also be considered as a material fact that was concealed from you before the marriage. 

Secondly,

The Delhi high court in a similar case ruled, The interference of parents in the married life of their daughters has become a major reason for discord between young couples after marriage, .
While upholding a divorce decree, Justice Kailash Gambhir expressed concern over cases landing up in courts that show frequent rifts between couples due to parents' persistent interference in their daughters' married life.
HC granted a decree of divorce to a man on the grounds of his in-law' frequent interference in his marital life and noted that parents should "draw a line" and let their daughters lead a happy, married life.
"All parents guide, teach and discipline their daughters and are concerned about their welfare after marriage but it is imperative for parents to draw a line as the prime concern should be that their daughter is happily settled in a new atmosphere at the husband's place," Justice Gambhir said.

 

 

 

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Anik Miu
Advocate, Bangalore
8851 Answers
110 Consultations

4.7 on 5.0

This is not a cheating or suppression of facts because these are not material for marriage.

If your wife is behaving in an indifferent manner, you may talk to her and try to solve the issues by strictly telling her to not allow her parents to interfere in your married life.

If she neglects or ignores her duty towards marital obligation and treats you with cruelty, you have reliefs through legal process.

If the cruelty is intolerable then you always have an option to file a petition seeking dissolution of marriage by a decree of divorce on the grounds of cruelty.

Discuss at length with a local advocate and take a proper and wise decision at right time. 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 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.

- AND further, Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.

- Hence, the wife's parents interference in your married life is against the law , and can file a complaint against them 

- Further , if the marriage has taken place after keeping in dark other party , then it can be a ground for divorce as well. 

- Hence, you can take legal action against her father , and also can file divorce petition as well on the above mentioned grounds . 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Yes you can file cheating FIR in court. But its very difficult and time consuming in court to prove the same. 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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