• Wife is harassing with 498a

We have been married for almost 3 years & since the beginning have had problems which lead to arguments & fights. Although both me & my wife have temper problems, my wife has left the house 4 months back with our 8 month old child. Now she constantly accuses me of deserting her. I have calmed myself down significantly but her temper has grown since she feels that I abandoned her. She is unwilling to stay with me till my single mother shares the house & has been pressurizing me to move out. Her parents have been feeding her all sorts of nonsense & they look out for opportunities to fight with me. The fights reach a level where she abuses me horribly & i retaliate after which she threatens me with 498a. Her parents on the other hand are supporting this. They have been screaming divorce citing false charges like dowry, neglect, abandon, no emotions etc. I have explained to them that the effect of this will be on both families but they dont care since they have several high ranking police officers in the family. I feel trapped.

I acknowledged her problems with my mother & assured her of moving out but her temper gets the better of me especially because she corners me & provokes me till I abuse back whereafter all hell breaks loose.

I want custody of my child but she tells me that she will commit suicide if I dare try & her parents tell her that they wont let the baby go so if i want the baby I should remarry & have another child

I agreed to her demands for divorce to which she changed tack by saying that they will not let me off easy unless they ruin me completely.

I need help & guidance.
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) file for divorce on grounds of mental cruelty 

2) custody of child is generally given to mother 

3)if  wife files 498 A obtain anticipatory bail and contest case on merits 

4) record all threats received from wife 
Ajay Sethi
Advocate, Mumbai
46678 Answers
2762 Consultations

5.0 on 5.0

1. Before she change track once again go for mutual divorce which is best suited to both of you.
2. If she doesn't agree then file contested divorce suit anyway.
3. Thereafter file custody of the child. Consider her intimidation as empty threat only.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

you should contact a lawyer personally with all the documents, it will be better.

you may also file a child custody case along with an application for child visitation, this may be solve the problems when she appear and the matter will be refer for counselling.

Nadeem Qureshi
Advocate, New Delhi
4875 Answers
225 Consultations

4.9 on 5.0

This is an emotional black mail and threats of criminal intimidation.  To avoid future harsh complaints against you, it will be better you register a NCR in the local police station giving details of her criminal intimidations and suicidal threats which if registered may to some extent save you from being remanded and may also help you get anticipatory bail in the event of she making a false complaint u/s 498a or dowry harassment or any other women biased laws. 
After that you can file a divorce case on the grounds of cruelty and also a child custody case under guardian and wards act.

Do not let dominate you in the future, let she be any amount of adamant. 
T Kalaiselvan
Advocate, Vellore
36851 Answers
403 Consultations

5.0 on 5.0

1. You can file for divorce on the basis of cruelty as well as child custody. If you want the custody of your child then you act swiftly as the delay in filing a case for child custody impairs the claim in the court.

2. If she files 498A and other cases the court will grant you an opportunity to contest them in defence.

3. You should seek pre arrest bail from the court as with the help of cops in her family she may cause your surprise arrest. 
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

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