• Physical and emotional abuse by wife

My wife and I have had a strained relationship from the start.

There were few incidents which I need legal advice on.
In April there was an incident when she physically pushed me, this was when I was sick with flu, needless to say she made me to sleep on the ground while I was sick while she slept on the bed.

Also, about a month ago there was incident where she physically pushed me during an intimate moment.
Later when we talked about these 2 incidents, she said she pushed me because I came on her.
There was an incident few days ago where she was abusing my 78-year-old mother when I told her not to talk to my mother in that way, she later said you are trying to assault me. I check with other member of the family you witnessed it, they said I did not touch her not even come close to assaulting her.

On several occasions she has called me a Gay, in front of my parents 

Also there have been a couple instances where she has threatened me saying she will go to the police saying I am harassing here when I was about to tell her father about her behavior. Later when we are at peace, she says why will I go to the police you have not done anything to me.

- Suddenly said she has allergies and gave the dog away (which she got me as a gift) Only to bring it back next day
- She also does not contribute money in the house
My question is how to a safeguard myself from a legal standpoint. what actions do I need to take?
Asked 4 years ago in Family Law
Religion: Christian

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7 Answers

1) send her email or messages not to abuse your 78 year old mother , not to call you gay in front of your family members

 

2) file NC with local police station about your wife abusing your 78 year old mother and calling you gay 

 

3) install cctv cameras in living room of the flat 

 

4) record her threats 

 

5) you can also file for divorce on grounds of cruelty 

Ajay Sethi
Advocate, Mumbai
99831 Answers
8148 Consultations

This is a very tricky situation. You cannot file a complaint but she can. First of all decide whether you want to live with her or not. If not then file a domestic violence case against her through your mother immediately. Ask her to leave the house. If she doesn't then file a divorce petition.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further against her said acts , you can lodged complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.

- Further , if she files any compliant before the police , then your mother being a woman can also file a complaint under the provision of domestic violence act against her harassment. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

These issues are trivial in nature.

If you can adjust and live with her you can move on.

If you are averse with this type of petty developments, you may decide about future course of action i.e., whether to continue this relationship by making her alright to adjust and live with you or to break the relationship legally.

You may better get her counseled by a marriage counselled  for any proper advise and suggestions.

You may also attend the mediation session. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Dear Client,

You may file a domestic violence case against your wife on behalf of your mother who has been verbally abused.

You may also file a divorce for the segregation of the marriage in case you wish to do so.

However, in such a complicated case, it is suggested to gather as many proofs as possible so that you can protect yourself from any false allegations. Legitimate proofs might be considered as the most important object in such complicated cases.

Thank you.

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

If you are at a point of no return in this marriage, you have a good case to seek divorce from you wife.

 

You may contemplate initiating divorce case against your wife, on the groumd of cruelty.  

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can send her a notice and file a divorce proceedings against her on ground of surety

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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