• Wife threatening my mother, brother, and me

Hi , I am 28 years old disabled male person. I got married to a beautiful and physically well girl 7 months back. After marriage , things didn't go well and she had started harassing me , my younger brother(18 yrs old) and my widow mother. She threatens us and fights over non sense issues.When ever asked to calm down,she threatens  us as " Din me Tare dikha dungi m tum logo ko". My mother has gone into depression due to this and my younger brother is terrified to speak in the house.
So is the case with me. My wife uses their political influence to threaten us.

We don't know what to do. we  are scared as she might  file false  dowry and domestic violence case against us. Please suggest what  precautions needs to be taken and how to handle this case. 
Many thanks!!

Regards
Deepak Sharma
Asked 1 year ago in Family Law from Yamunanagar, Haryana
Religion: Hindu
1) start staying separately with your wife 

2) if house is standing in name of your mother she can file suit and obtain orders to  direct you and your wife to vacate portion of house in their possession and obtain injunction restraining you and your wife from disturbing her possession of the house 

3) record your wife threats . Yiur mother can also file DV case against your wife and seek protection order 

4) in the event any false 498A is filed obtain AB from court 

5) if any false DV case is filed contest it on merits 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. On the basis of conduct of your wife you can file for divorce on the ground of mental cruelty.

2. If she files a case for dowry harassment you should obtain anticipatory bail to preempt your arrest and thereafter contest her case on merits. Start recording her threats to prove your innocence in the court.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. The medical report can indubitably be used as evidence to repel her allegations.

2. The act of removing and throwing her mangalsutra and her bangles is an instance of cruelty.

3. Under the Indian law a wife has no share in the property of her husband much less in-laws. So relax.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) making false allegations that husband is impotent amounts to mental cruelty and is a ground for  divorce 

2) I presume your marriage had been consummated 

3) yiu can't force your wife to wear Mangal sutra and bangles 

4)since you are co owner of the house your wife has right to stay in her matrimonial home 

5) it is better you stay separate with your wife in rented flat 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1. Collect evidence of all her cruel behavior by audio/video taping her such conversations,

2. Lodge a police complaint against her such threat,

3. Your mother should file a DV case against her,

4. File a divorce suit after completion of one year of marriage on the ground of cruelty. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. Do not show the will and relinquish your share of the house in favour of your brother,

2. You do not have any need to show your potency report unless she files any case against you alleging that you are impotent and for this you shall have to avail certificate from govt.Hospital,

3. Throwing away Mangalsutra, if proved, will be a vital reason for granting divorce on the ground of cruelty,

4. Act as advised in my earlier post. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
This is another marital dispute on trivial issues.  The draw back is your your physically challenged health condition.  If she has married you knowing very well of your physical condition, then she is ought to some mischief to grab the properties or with some other intention. 
If she is going beyond the tolerance level and is not possible to handle her, you have an option to lodge a criminal complaint with the police about her violent attitude and also the the threats she poses in the name of false cases with the influence of her political mentor or relative to her support. 
Your mother can file a domestic violence case against her.She cannot claim a share in the property, she is not entitled for it hence your house property is safe and secure, dont worry about it. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Hi, she may lodge a police complaint under section 498/A IPC for cruelty but one thing you must remember that police will not register complaint immediately, they have to verify the genuineness of the complaint first and proceed further and before filling a FIR they have to do the counselling so in the mean time you can apply for anticipatory bail before the court.  

2. As far as domestic violence is concerned she may file a petition before the court but you have to contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you should vacate your parents house and stay separate .

2) your brother should not stay in same house as you and your wife . it will insulate your brother to some extent from any false 498A case filed by your wife 

3) you can file for divorce on expiry of one year from date of marriage on grounds of mental cruelty 

4) only in exceptional circumstances can you file for divorce before expiry of one year from date of marriage 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
The only way to protect yourself and all family members from the adverse consequences of her allegations is to seek anticipatory bail as and when she files the complaint. All of you would be given ample opportunity by the court to contest any case filed by her, but you cannot stop her from filing the case. That she is residing with you does not prevent you from filing for divorce. You can send intimation to the police to state your apprehension of being implicated in false cases by her. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1)she has also accused falsely that my younger brother has raised his hands on her. All her allegations are wrong. Is there any way to protect my brother from such false allegations?  
I am worried that she may accuse my younger brother of domestic violence and cruelty, because he is the one who takes care of my mother and she envies that.  Please suggest if something can be done  to prevent this.

If she has decided to take revenge on all nobody can stop her from proceeding ahead.  If she is doing so, better secure evidences to defend yourselves accordingly.  You can challenge her false allegations on the basis of merits in your side.



2) will it be useful to give an application in women's cell?

If her acts are violent and intimidating a criminal complaint may be lodged against her in the local police station.





3) Can i file case for divorce while she is still living with us?

Yes, you can file a divorce case on the grounds of mental cruelty but you may have to wait for completion of one year period from the date of marriage.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. Audio/Video record all such threats to falsely implicate your brother and lodge a police complaint against her,

2. Your mother can file a DV case against her violent activities including implicating her younger son,

3. Yes, you can file a Divorce Suit on the ground of cruelty with the evidence you have in support of your allegation. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
claiming impotence is a valid ground for divorce if you have declared potent by medical experts. Throwing mangal sutra and ill treatment come under the term of matrimonial cruelty and you mate take divorce but at all divorce is not a fit remedy in your case because she may file any false against you and family. 

Engage some authoritative members from both sides and try to reconcile her and settle this issue amicably. 

Give her some time to think and adopt you as a husband and gain faith in matrimonial life n liability. 

counseling is the best treatment at this stage. not to escalate this issue. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
woman cell is the worst place for husband. even women are exploited at this cell so don't give chance anybody or authority to interfere in your matter. 

Increasing mutual understanding between you and patient may settle this issue amicably. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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