My wife and their family members are harassing me and my family members through phone calls and WhatsApp audio messages. Presently I live in Delhi and my parents home is at Haryana. I had married in November, 2011 My wife is a quarrelsome lady and always try to fight and try to disturb me mentally and my peace of mind and simultaneously abuses me and my family members. My wife in the month of March,2021 has gone to her parents house with both of my son without intimating me and after that tried to harass me by not picking up my phone calls and this continued off and on and for some days in between my wife picked up the phone call. On 07/04/2021 I got ill and was high fever and COVID like symptoms and even at that time also my wife was disconnecting my phone calls. Due to my health reasons I had reached my parents home in Haryana on 14/04/2021 and stayed there till 03/08/2021 My wife, her elder sister, her younger brother, her father had visited my parents home in Haryana on 09/06/2021 without any pre intimation and beat my younger sister and abused my other family members but at that time i was not at my parents home rather was at my elder brothers newly made house where nobody is staying at the moment, my father was taking bath at that time. When I come to know of this incident i did make a police complained with police in Haryana and by that time my wife and her other family members had left for their home in Haryana and police had only called them to come at local police station but they had not come there till now. My wife had made a false complained in women cell in Haryana police and resultantly I did visit three times there in the month of June and July finally women cell of Haryana police had transferred the case to Mediation center in Haryana and mediation center had given September,2021 date but in the meantime my wife on 04/08/2021 had come to my Delhi rented house without informing me since I had also reached my Delhi house on 03/08/2021. My wife had again started abusing me and on 07/08/2021 my wife abused me and tried to snatch my purse and then did call on 100 number and informer them that I was beating her which was totally false and then PCR and police from nearest police station came and finally gone after telling me to write on paper that my wife was having some misunderstanding and now same has been cleared. On 07/08/2021 itself my wife's younger brother has sent me Whatsapp audio and text messages and tried to threaten me and my father and told he will thrash us and even will make a ruckus at my elder sisters house. On 21/08/2021 my wife tried to stop me going at my hometown in Haryana and threatened me that she will make a false complained in Police which she did by dialling 100 and I had informed my wife and both of the sons aged 6 & 9 that I am going there due to my MA exams but my wife was continuously abusing me. My wife's father had again abused my father and me by calling my father. I need legal help please.
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File a police complaint in any police station where you think your wife would have difficulty in coming like Where she doesn’t live so that she can also face some difficulty as has been faced by you stating all the events and attaching all the evidences and proofs you have.
If you make her visit and make her wait for number of hours in police station, much of your problems would be resorted.
Feel free for any clarification ot query.
If you have saved whatsapp message of her brother you can file a criminal complaint against him for criminal intimidation under Section 506 for which punishment is 2 years jail. But you have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help.
You file for contested divorce first. If she files any false FIR against you or your family then take anticipatory bail from court. Don't worry contest the cases. There is no other way out. If they are also harrassing you then file FIR against them
File police complaint against wife brother for criminal intimidation under section 506 of IPC
2) rely upon what’s app messages received from your brother in law
3) file for divorce on grounds of mental cruelty
4) wife abusing husband and in laws amounts to mental cruelty and is ground for divorce
5) wife forcing husband to stay separate from parents amounts to mental cruelty
6) in case wife files dowry harassment case apply for and obtain anticipatory bail from sessions court
Hi, you have to file a Petition for divorce on the ground of cruelty. If you able to prove your allegations then you will get the divorce. I think you have a good case on merits.
Dear Sir
File a police complaint against your wife and her brother under Section 506 of the IPC.
Save and preserve the Whatsapp messages of them threatening and harrassing you, you should submit this as evidence.
Also keep your phone safe at all times.
Before filing for contested divorce, file for anticipatory bail in case she files a domestic violence case against you.
Thank you
Dear querist,
As per your query it is quite clear that your wife is simply trying to implicate you in a false case through which she can gain illicitly. You dont need to worry as you just need to follow the protocol through which this will start clearing out in your favour. You just need to determine the goal of yours in this marriage. For your help, i have already made a video to this effect, the link which i am sharing with your below. This will make your understand what you need to do next and further actions by you which will help.
https://youtu.be/JxEJZaBu4zY
in case you need my assistance, i can be contacted on
https://g.page/r/CfmI4KgE0neOEA0
- As per Supreme Court judgment, 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.
- Further no family members are allowed to interfere in a married life of their son or daughter legally , hence you can file a compliant against their threatening before the police and higher officials .
- Further , if she is not interested to live with you then take her consent for mutual divorce , and if refused then you can file a contested divorce petition on the ground of cruelty and other mentioned grounds .
You can contact me, if further suggestion needed.
If the situation is intolerable and if you feel that it would be no more possible to continue with this married life, you may better file a contested divorce case on the grounds of cruelty, besides giving a criminal complaint against your father in law and brother in law for their acts of threatening and creating nuisance and also can seek protection from them.
You may consult a local lawyer and file a divorce case and proceed as suggested on all such further issues.
My wife had made a false complained in Mahila police thana (Women Police Station) in Haryana in the month of June and they had transferred the complained to Mediation centre after 3 hearings. If I file contested divorce case against my wife then do I need to do below. 1 Sending of legal notice to my wife, although my wife is living with me as of now in Delhi but my parents home is at Haryana and my parents stay there and my in laws house is also in Haryana but in different city than my parents city. 2 Whether I need to pay my wife's lawyers fee in contested divorce case. 3 Whether I need to pay maintenance as well to my wife and what is the procedure for this and how maintenance money is decided, i.e. amount, monthly or yearly and whether any lumpsum amount is to be paid. 4 Can I save myself for not paying any maintenance on account of mental cruelty towards me. 5 I want my children to stay with me and moreover my wife and their parents are not interested to look after my children which is in my favour. 6 I have proof of WhatsApp messages as well as recording of WhatsApp messages for mental cruelty done by my wife and their family members including threat messages from my wife and their family members. 7 Can I live alone with my children and without my wife and make marriage null and void basis mental cruelty or any other ground. 8 My wife is living alone my children at home and goes for offices daily although she just started going office in the month of August only and due to this I am forced to look after my children since I cannot leave them alone in home for the whole day, although I also do have 9 to 5 job and can't stay at home or work from home forever.
1. You can send the court summons to her name at your address itself.
2. No, she only has to pay for her lawyer.
3. You may have to pay maintenance to her only on an order passed by court by an application filed by her seeking maintenance.
4. You are liable to pay maintenance to her is she is unemployed and do not have any source of income to sustain her expenses.
5. You may have to file a child custody case to take care of your children if they are not living wiht you.
6. This proof may not be admissible by court as primary evidence.
7. There is nothing wrong in you living with your children after dissolution of your marriage by a court decree.
8. You may have to make some alternate arrangement to look after your children during the absence of both of you.
You can file petition for divorce even without sending legal notice
2) court would direct you to pay litigation expenses
3) court would direct you to pay maintenance which is around 25 per cent of your net income
4) you will have to pay maintenance
5) you can rely upon what’s app messages to prove mental cruelty
6) marriage woukd not be declared void because of mental cruelty
7) appoint lady attendant to take care of your children when both are working
1. Yes.
2. No
3. If she is not earning and uneducated then yes.
4. No
5. File custody petition in court for children
6. File the same before court
7. Yes. After divorce.
8. You need to make some arrangements. You can't ask your wife to leave her job and take child's care
Dear Client,
1) Yes, the notice must be sent.
2) No
3) The maintenance amount is decided on the basis whether your wife can maintain herself. It is decide on a case to case basis and is unto the discretion of the judge
4) Unfortunately, no but if you can prove that your wife can maintain herself, then you need not pay maintenance.
5) you need to file for custody wherein you can mention the details
6) You can produce it in court as evidence
7) You cannot annull your marriage since none of the grounds match your case
8) This is something that you and your wife must sort out amicably as there is no legal provision to help you out.
Thank You
1. A legal notice is not mandatory for filing a divorce case , and the notice can be send to her parental address of the address where she is presently residing.
2. NO, But she can claim litigation expenses from you after moving an application before the court.
3. Yes, she can claim the maintenance as well after moving an application in your divorce case , and which depend upon her capability of maintained , and your income , and it may be per month basis.
4. If she unable to maintained herself , you have to pay her
5. You can claim custody of child on the ground of their welfare
6. Yes, you can produce these proofs before the court against her .
7. No
You can contact me , if further suggestion needed.
My wife has forcibly taken out my both of the son's aged 9 years and 6 years from me on 06/12/2021 and is now staying with her parents in Haryana as per my assumptions and further on the very same day, dated:06/12/2021 she has raised concern on my children's school mobile app. to cut the name of both of my children's from school's rolls and same was done by her without my consent and my son's are having Term 2 online exams since 06/12/2021 and my wife is not even allowing both of my children to give exams and this is the biggest cruelty against my children and against me as a father since this is hurting my children's study and future prospects and employability. 1 What course of action should I take ? 2 Whether I should contact local SDM where my wife is staying to ask for custody of children considering my wife is doing above mentioned cruelty against them. 3 Whether local police or SP can help me in this regard 4 Whether I can go directly at my in laws house in Haryana with or without police protection and intimation to them and should take my both of the children back from my wife and in laws. 5 Any type of legal help will help me to take correct, prompt and preventive action accordingly. Background-Dated: 04/12/2021 my wife has quarrelled with me at my current residence in Delhi and then hit me with chappal and beg filled with heavy things and abused me and my whole family members in front of me while it is worth noting that my parents live in Haryana only and then my wife headed for my parents home in Haryana and forcibly entered my parents home without their consent and same was done by her when she was legally staying with me in Delhi and was not forcibly dragged out by me from my current residence in Delhi and should not stay there without any reason. My wife started abusing my old parents and other family members and even was threatening them to kill them and hurt them with physical injuries. My wife left my parents home on 06/12/2021
File petition for sole custody of both your children in Haryana
2) take the plea that wife has removed children name without your consent and has resulted in children academic year being wasted
3) poluce would not help you as you need court orders for their custody
1. If you feel that your children future or studies will be ruined due to your wife's unmindful acts, you may have to get into action physically by forcibly entering into her house and take your children away from her.
The police cannot take action on this since you are the biological father of the children and are more concerned about your children education as well as their ongoing examinations. You have good reasons to justify your actions.
2. The SDM cannot come to your rescue.
3. The police will raise their hands saying that you may have to approach court only for any such relief.
4. You may have to use force to take your children from their home as suggested i the 1st point above if you need a quick relief.
You need to file custody in court ie family court near you
Dear client,
1) file custody of children
2) yes
3) it is doubtful but you can try
4) you can try this before initiating it with the magistrate or police
Thank you