• Safety from wife false cases

Wife's false CAW complaint on me about harassment and DV was closed at Hyderabad saying we will live together as our child deserves both parents together.
Wife is legally well aware guided by lawyer uncle. In her draft petition on her laptop I even saw false claim that I tried to kl her.
Wife will come back next week. I want wife back as child deserves both parents together. We had no fighting but she is manipulative.

1) How to save mother? If I move 70 yr old mother to different city to stay alone can her name be removed from future false cases? Can't imagine this but for her safety.

2) If wife files future false 498a will mother have to run around for all court dates?

3) Will cctv in hall and kitchen save from future false 307 from wife self inflicting, or will cctv lead to 354 or IT act cases?
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

Hi, Don't worry about the future case. She can't do anything. Suppose if she filed a false case then you can fight legally. As your mother is aged one there is no need to appear day to day affairs of the court  she can file a permanent exemption and suppose if she filed a false case you have the option to file a petition in the High Court for quash the same. 

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

If mother is not staying in same household then no DV case is maintainable against her as there is no shared household 

 

2) mother can apply for and obtain Anticipatory bail from sessions court if false 498 A case is filed against her 

 

3) you can install CCTV cameras in living room and kitchen for safety reasons.it is not infringement of privacy 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. If at all she decides to file false case  once again in the future. she may implicate your mother even though she is residing elsewhere. 

So there's nothing that you can do to prevent such recurrence. 

2. It depends. nothing can be opined now without any case pending as on date. 

3. She can object to the installation of the said devices citing invasion of privacy,  in that situation you would be forced to remove them or else you may start facing legal consequences from now itself. 

Therefore you may silently watch the developments and prepare a platform to protect your interests based on adverse developments at a later stage. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 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.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- 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.

1. Legally , your mother cannot live separately , and she has right to through her daughter-in-law and son , if they mistreat her . 

- Further, she can file a compliant under the Senior Citizen and DV Act against the harassment of her daughter-in-law.

2. Yes, if she files case under 498 after accusing the mother as well , then she will have to appear before the court , however on the ground of old age she can take permanent exemption.

3. Yes, you can install for your safety. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. For your mother's protection, you may file a complaint with the local police that there is a threat to your mother's life and limb from your wife. Moving your mother to another city would only help in case where your wife files a 498a or DV suit for future dated incidents. But in case, she files a 498a or DV case for incidents in the past, then your mother's current place of residence would not matter and would not able to help you. Moreover, as you also agree, moving your mother out to stay alone at this age is neither humane nor recommended, though this is your personal decision. 

2. In court proceedings, your mother would have to visit the court on some dates, not all, where her presence would be required or asked for by the court.

3. Installing CCTV in your home for the family's security, and monitoring arrival and movement of outsiders or maids and servants etc. is legally permissible.

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

Dear Client, 

If you get your mother to move to a different city then your wife cannot put the false acquisition of harassment or anything as she will not be present there. And if she lives there only and your wife puts some false acquisition then you will have to represent in the court of law. Cctv footage can be evidence but you cannot use it in her private space.

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. There is case law from SC and High Courts to the effect that if aged parents are not lining with couple, they should not be charged unless there is strong proof against them.

2. If a complaint is made against aged parent, she will have to visit police station and Court.

3. CCTY cannot be put in all places in house. Any offence will not be committed in front of CCTV. Installing CCTV in house will not of much help.

4. You best option is to live amicably with her without giving her any excuse to file any complaint.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

1) staying at different location does not remove names. Evidences should show mother have no connection with claims. 

2) Yes. If you are feeling threatened then file FIR against your wife.

3) CCTV installed with knowledge of family members and not installed at private places are allowed. CCTV in hall and kitchen are allowed as they are not private places. And if wife's behavior is recorded then you are saved on the basis of footage.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

1. If cases already registered can't removed till it's Quashed or acquitted

2  you can file quashing in all cases if it's false. 

3. Yes

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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