• Can a husband file a domestic violence case against his wife and seek divorce?

I and my mother have been physically and mentally abused by my wife. We have two kids who are minors. I have CCTV camera recordings with voice as evidence of several instances, where my mother and I have been abused.
My wife is a psychopathic crazy woman and on suicidal mission, where she has threatened to kill my mother, kids and herself.
Can I as a husband, file a Domestic Violence case and/or Protection of Senior Citizen case against her and seek divorce on grounds of cruelty against me and my mother? 
The property was initially in the name of my father and myself. Post my father's death, my mother became the 1st owner of the property.
Can my wife demand a financial share in the property for settlement? 
Will I have to only pay for maintenance of my kids or will they have a share in the property, where my mother and I are joint owners? 
If they have a share in the property, what is the percentage of share for two kids? Has the kid's share to be divided equally 50:50, or the ratio can be determined by me?
Have to calculate her one time alimony or financial settlement, with kids, if they decide to stay with the mother? 
Can I seek custody of both my kids, even if they want to stay with their mother, not realizing that their lives will be ruined with her?
Approximately, how long will the court case go on till verdict is announced?
Asked 2 years ago in Family Law
Religion: Hindu

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33 Answers

Husband cannot file DV case against his wife 

 

2) you can file for divorce on grounds of mental cruelty 

 

3) rely upon CCTV camera recordings. 

4)wife has no share in your property 

 

5) she can seek maintenance for herself and kids 

 

6) wife is entitled to one fourth of your net income as maintenance 

 

7) contested divorce proceedings take 5 years to be disposed of 

 

8) custody of children is generally awarded to wife . You would be awarded visitation rights 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

Dear Sir

Under Indian laws, a husband cannot file a domestic violence case against his wife.

Your wife is not entitled to a share in your property but may be granted an alimony which will be determined by both of your incomes, needs, assets etc.

Custody of children is usually awarded to their mother unless it is established that she cannot take care of them.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

  1. The domestic violence act is envisaged to provide relief to women in an abusive/exploitative relationship. Hence, men don't have any locus standi under this act. 
  2. The best recourse for you would be to---- a) petition the family court for divorce on grounds of cruelty  and b) file a criminal complaint before police for violence. 
  3. Prior to taking these steps stated in 2) you need exhaustive consultation and counseling. You have to visit me for that. 
  4. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

Wife has right to stay in her matrimonial home 

 

2) you can offer wife alternative accommodation 

 

3) you can pay rental charges of alternative accommodation 

 

4) wife has no share in property inherited by you 

 

5) if you die intestate your wife and children would inherit your property 

 

6)you can execute will bequeathing property to whomsoever you please 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

As a husband you cannot file a DV case against her, however your mother can file a domestic violence case seeking protection from her. The very name of the act is protection of women from domestic violence Act. 

You can file a contested divorce case on the grounds of cruelty. 

Your wife is not entitled to any share in your property or in your mother's proeprty as a right, at least not during your lifetime.

Even your children do not have any rights in your property.

You can file child custody case on the same grounds of her mental illness and the safety of your children.

The time taken for disposal of court case cannot be predicted, however it may take more than two years owing to various factors. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

By filing domestic violence case your mother cannot ask your wife to leave the matrimonial house.

If you also reside in the same house then your wife can claim residential rights in the same house until she remains your legally wedded wife.

If the house is on your mother's name, then she can give an eviction notice to both you and your wife, by which she can make her get out of the house, but then it becomes your duty to provide accommodation to your wife till you dont divorce her. 

Since your wife do not have any rights over your property or your mother's property she cannot challenge your mother's Will for any reason.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

In property wife will not get share till you're alive.

 

If wife get custody of kids then you have to pay approax 30-35% of your net income.

 

In worst to worst situation you can go for Mutual Consent Divorce through court proceedings initially.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. Your mother shall have to file the DV case against your wife but not yourself.

 

2. You can lodge a police complaint against your wife for assaulting &  harassing you and also for giving threat to commit suicide after killing your old mother and minor kids.

 

3.Since you are the co-owner of the house, she will have the right to stay there till she is considered as your wife legally and she can be evicted only after you get the decree of divorce.

 

4. You shall have to pay for her  maintenance only along with your kids and neither she nor your children will have any claim on your share of the property during your lifetime, as per Indian law unlike US Law.

 

5. Ordinarily 1/3rd to 1/4th of net monthly income after deducting statutory liabilities and expenses  for long continued medical treatment for your mother and yourself (if any) will be awarded to your wife towards maintenance if it is proved that she is unemployed and can not maintain herself as per your status.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. No. She is entitled to in the house where her husband is residing.

 

2. You can pursue her to shift to  another accommodation to be arranged and rent paid by you. You can also pray before the Court for the said order since she is causing violence on your old mother which might be fatal for her.

 

3. As per Indian law, wife will have no claim on her husband's properties till his life time. She can claim share of his properties along with his mother and children only after the demise of her husband, intestate.

 

4. You shall have to pay the maintenance till she remarries or gets an earning more than the maintenance awarded by the Court..

 

5.   No share of your  properties for anybody till your demise, intestate.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Husband can't file a domestic violence case against wife as only women can file case under said law. You can file divorce case on ground on cruelty. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

a mother or a daughter can invoke the domestic violence law against her son or brother but not against her daughter-in-law or sister-in-law. This is to ensure that the right of one woman is not upheld at the cost of another woman.

Sir you have to give her a alimonyas per your income

The will can be claimed only by you and not your wife. Your wife does not have any share in such will.

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.

After divorce the kid's share will not die. If you make a will then you can divide the property as per your wishes, but if you die intestate then the property will be divided between them equally.

Thank You

 

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

- Your mother can file a compliant under the senior citizen act against her torture 

- Further she can also file a compliant under the provision of domestic violence act against her harassment. 

- Further, during your life time your wife cannot claim any share in the property, but she can claim maintenance and alimony from you. 

- Further , if your kids will be in the custody of wife, then they can claim share in the property only after your demise and not during the life time. 

- Yes, you can settle their maintenance etc. after entering into an settlement deed or at the time of taking divorce from your wife.

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

Yes your mother can move a DV petition against your wife but she can't get the relief of ousting your wife from the matrimonial residence. 

For all other queries, please visit. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

Alimony is at discretion of court depends upon your income ,standard of living etc 

 

You have to pay maintenance till children education is completed 

 

for daughter you have to meet her marriage expenses 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

- It can be one time settlement as well , as depend upon the discretion of the court and the circumstance before the court at the time of decision for alimony. 

- Son is entitled to get the maintenance till age 18 or completed the education , whereas you have to pay the maintenance of daughter and her marriage expenses. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

If you are filing divorce case, the court will decide only the divorce matter and it may not go beyond to the divorce relief to grant maintenance until she files a separate application.

If she would want maintenance she may have to file an application separately under section 25 of HMA or under section 125 Cr.P.C. 

For a decision on the maintenance on monthly basis the court may decide based on your income from all the sources at the rate as specified by you. 

She will not be entitled to any share in your property or fixed deposits or mutual funds.

As far as one time settlement, if you refuse to pay one time settlement, then the court may force you to make any one time settlement.

As far as the maintenance for the children is concerned, for the girl child she will be entitled for maintenance until she is married to someone or till such time she is employed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

One time maintenance discussion is totally depends upon your wife's demand in her application.

 

She and children will be entitle for only net income and not for savings and investments of yours till you are alive.

 

You have to pay maintenance for daughter till she gets marry and for son till he gets major i.e.18 years old.

 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

  1. If you are stingy in visiting to consult, there's no way you'll get relief. 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1544 Answers
5 Consultations

4.4 on 5.0

1. The Court will not ask you to pay one time settlement amount. 

 

2. It is your wife who will seek payment of one time payment of maintenance amount which the  Court will consider.

 

3. The your properties will not be divided between you and the kids while settling for maintenance amount but the income generated from your assets will be considered as part of your income while deciding about the maintenance amount you shall have to pay.

 

4. You shall have to maintain your son till, he is 18 years old if he is not disable and your daughter till she gets married.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

It's till they become major I. E 18 yrs or as per courts order in specific

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

You can purchase flat in your name and subsequently execute gift deed in your children name 

 

2) for sale of flat when children are minors you would need court consent to sell your minor share in flat 

 

3) wife will only have right to stay in said flat 

 

4) wife will have no claim  on your assets after divorce 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

Dear sir,

You can continue with the aforesaid approach and your wife will act only as a guardian to that property if you die before the kids turn 18. Also without the consent of the 3 of owners, the flat cannot be put on rent or sale. Your wife won't get any financial right or share unless you grant it in a registered deed or will.

 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

You can always transfer a part of your self acquired property in favor of your children by executing a registered settlement deed.

If you do not want your wife to have any share in the rental income from the flat property, you better postpone the transfer of the proposed share in the property in their favor until they become majors by age.

Otherwise your wife may, in the capacity of guardian to the minor children, may enjoy the rental income.

If you die intestate i.e., without making any arrangement to all your assets, both movable and immovable and if your marriage also has not been dissolved by a decree of divorce, then she would be entitled to a share in all your properties as a right. 

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

It is not possible for the husband to file DV case against his wife.
But your mother can file case on your wife.

 

- You can file for divorce on grounds of mental cruelty.

 

- It is India and not US. wife has no share in your property.

 

- Your wife can file case for maintenance for her and kids.
wife is entitled to max one fourth of your net income as maintenance if she is not earning and not earned before.

 

- Custody of children is generally awarded to wife . You will be getting visitation rights.
But you have video and other evidence of threat of killing kids then you can win custody.
further as per age of your kids, court will ask kids opinion for custody.



- Kids share is 50-50 only in ancestor property.
You have all rights on your self earned property.

 

- No alimony if you wining divorce case.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Your wife can not challenge your mother WILL.

 

- You can buy flat in your name and also execute gift deed in your children name
But being minors, their share will be controlled by person having custody of children.
hence to sell of flat before children turn major, you will need court permission to sell minor share in flat if you get custody.

 

- Wife have no claim on your assets after divorce

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Your wife can not challenge your mother WILL.

 

- You can buy flat in your name and also execute gift deed in your children name
But being minors, their share will be controlled by person having custody of children.
hence to sell of flat before children turn major, you will need court permission to sell minor share in flat if you get custody.

 

- Wife have no claim on your assets after divorce

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

If it's in your child's name then she can't have any right in the same. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- Yes, you can gift half of your self acquired property to your kids 

- Further , after transfer of property none will have right to sell their share without getting court order being their age under 18. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

1) you can agree to pay lumpsum amount as alimony to wife 

 

2) in consent terms agree to buy flat for wife and kids which can be in your name 

 

3) agree to pay x amount as monthly maintenance for children 

 

4) you can offer such proposal to wife 

Ajay Sethi
Advocate, Mumbai
94515 Answers
7485 Consultations

5.0 on 5.0

You can contest the same and do as directed

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

The maintenance amount as well as the one time alimony settlement would be decided by court alone, you cannot do it on your own and it is not advisable as well.

You can wait for her to file a maintenance amount, you can file a counter objection to her maintenance application on the reasons you rely upon, after which the court will pass suitable orders with directions for the mode of payment/settlement.

You can decide about the payment after that. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear client, 

It is possible for a one alimony settlement via cheque payment. Offering one-time maintenance and buying the property in your name and the child name with maintenance for kids in a separate bank account seems like a reasonable option if you are worried that your wife will misuse the funds. This can be proposed during a mutual consent divorce.

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Yes, you can offer such proposal to her , if going to file a mutual divorce. 

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

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