record the threats
2) file case of extortion against wife and her family members
Wife harassing my friend's family
1. got married 7 years back 2. Wife stayed for 1 week and left 3. Filed 498a, DVC and Maintenance 4. Court acquitted in 498a 5. Awarded 6000 as Maintenance in DVC and another 6000 as maintenance in Maintenance case. 6. Did not pay the maintenance amount and has to go to jail 7. after returning has to pay after 6 months, however unable to pay. 8.Not applied for divorce yet. 9. Wife and her parents came to his house and harassing his parents for past 10 days. they are not leaving home. 10. Now, they are loosing tempers and are on verge of inflicting violence against each other. 11. They are demanding 70 lakhs as settlement which is beyond their means. How to handle the situation..can you suggest any legal remedy?
Asked 3 years ago in Family Law
Religion: Hindu
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9 Answers
The matter is in court. So fight it out therein only.
Don't surrender before her.
The house must belong to your parents. Hence they have no right to do anything there. File a domestic violence case against her through your mother.
Also don't give anything. They cannot take anything from you as you don't have anything.
So far as threat of violence is concerned you can take police help. But she cannot be thrown out of house though her relatives will be asked to leave by police. Your best option is to settle with her and get out of it once for all. Once divorce is filed by any party husband has to pay compensation to her. Without waiting for that you can pay as early as possible by going for divorce by mutual consent.
Dear Sir,
You are suggested to call the police and lodge the case under provisions of criminal trespass, threatening and other provisions and let them go the jail. File divorce under cruelty and get divorce.
File a suit for Restitution of Conjugal Rights and if you are successful in obtaining the decree in your favour and if your wife does not join you in your marital life, then her refusal to join you itself can be a solid ground for you to divorce your wife, without paying any maintenance/alimony amount.
- Since , he already acquitted him in the FIR of 498a , then legally she cannot take other legal action against him .
- Further, she is not entitled to get double maintenance i.e. from the court of DV and also u/s 125 simultaneously
- Further , if her family creating trouble , then his mother can file a compliant under the provision of domestic violence Act against her daughter in law for harassing etc.
He can contact me , if further suggestion needed .
You do not have to pay the amount demanded by them.
You can refuse to pay any single amount.
Let them approach court with their claim.
She can remain in the matrimonial home as a right until the marriage between both had not ben dissolved by a decree of divorce.
Dear Sir/ Ma'am,
The husband in this case should file for divorce as he has ground for cruelty based on the acts of the wife and her family. The fact that she filed fake 498A case is also cruelty and shall also be ground in favor of husband and against wife. And the husband should also file an application under sec 127 for seeking alteration of the monthly maintainance order to reduce the amount of maintenance payable taking into consideration the change of circumstances of the husband to pay such high amount.
Thank you
