Your husband and mother-in-law should document every incident of abuse with dates, witnesses, and recordings, and lodge brief complaints with the police to create a record. To guard against false cases, consider a preventive petition under Sections 107/151 CrPC. For the child’s safety, the father can seek custody under the Guardians and Wards Act if there is proof of harm, and the court may order supervised visitation for the mother. The widowed mother can seek protection or even eviction of the daughter-in-law under the Senior Citizens Act if the property is hers, and also relief under the Domestic Violence Act.

Given her suicide attempts, request a court-directed psychiatric evaluation. If divorce is considered on grounds of cruelty, secure preventive measures first. In emergencies, call the police immediately and ensure witnesses or CCTV coverage. Preserve all evidence, including recordings, medical and school records, and witness statements. Avoid arguments, keep communication minimal, and ensure the child has emotional support from the father and grandmother.

A. File a police complaint without any delay informing the police that the wife is aggressive with the minor child and the senior citizen, while being a threat to herself.  

B. File for divorce proceedings on the ground that the wife is mentally unstable and she is subjecting you to cruelty.  

C. File for custody of the child on the ground that wife is not mentally stable enough to handle the child. 

D. File for a retraining order in your divorce proceedings seeking the removal of the wife from your house  

File police complaint against wife for her constant threats to commit suicide and abusive  behaviour 

file for divorce on grounds of mental cruelty and seek sole custody of your child 

If wife  files false dowry harassment case apply for anticipatory bail 

Based on the details you have provided, your friend is facing a highly distressing and complex family situation. His wife has been subjecting him and his elderly widowed mother to sustained verbal and emotional abuse, has physically punished their young son for interacting with his grandmother, has attempted suicide twice, and repeatedly threatened to file false criminal cases such as dowry harassment or domestic violence. Your friend’s primary concerns are the safety and well-being of his child, his mother, and himself, and the risk of false allegations.

The well-being of the child must be prioritized. Under Indian law, cruelty towards a child, including physical or severe verbal abuse, is a punishable offence under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Indian Penal Code. Your friend should systematically document any signs of physical injury or psychological distress in the child, including dates, descriptions, photographs, and medical opinions if available. If the abuse is severe or ongoing, he should promptly submit a complaint to the local police station as well as notify the District Child Welfare Committee or Childline. These authorities are empowered to intervene for immediate protection of the child’s interests, and can arrange for safe custody or supervision. A family court petition seeking custody or at least protection of the child may also be considered, with evidence of ongoing risk.

The situation faced by the elderly mother is also covered under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This law allows senior citizens to claim maintenance and seek protection from abusive family members. If the abuse becomes intolerable, she may approach the local police or the Maintenance Tribunal for relief, including possible eviction of the abusive person from her home.

With respect to the wife’s suicide attempts and threats of filing false allegations, it is critical to carefully document every incident. Your friend should maintain a detailed log of abusive behavior, threats, and past suicide attempts, supported by any available audio/video evidence, and communicate all major incidents to trustworthy relatives or friends for corroboration if required. In the event of false police complaints, your friend should be ready to seek anticipatory bail and provide a complete factual rebuttal to any fabricated allegations. Police complaints can also be filed under sections relating to criminal intimidation, attempt to file false cases (Section 211 IPC), and any action threatening the safety or peace of other household members.

Given the abuse, your friend should also assess whether marriage counseling or family therapy is a possibility, but only if he believes reconciliation is genuinely possible and safe. If the situation becomes fully unmanageable, or if threats and abuse persist, your friend may file for judicial separation or divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The evidence of abuse, suicide threats, and physical harm to the child and elderly parent will significantly strengthen the case.

Should the wife’s mental health condition pose imminent risk to herself or others, approaching the authorities under the Mental Healthcare Act, 2017 for appropriate medical intervention and support is also appropriate. It is advisable to avoid confrontation and to ensure that all steps are properly documented and conducted with sensitivity to the child’s and elderly mother’s interests.

Immediate priorities should include:

• Securing evidence of abuse,

• Ensuring the safety of the child and elderly mother,

• Anticipating false allegations and preparing a defense,

• Consulting a family law practitioner for protection and relief proceedings,

• Exploring counseling options only if safe to do so,

• Considering legal separation or divorce as a last resort.

Proactive, legally compliant steps will help protect your friend, his mother, and his son from further harm while ensuring that their rights and interests are effectively safeguarded. Early professional legal assistance is strongly recommended.

He cant take any preemptive action against wife for DV. At the most he can file for divorce on grounds of cruelty in said case. He can also seek custody of the child in said case if the mother is torturing the child. Take the videos of such torture and retain as evidence 

If the suicidal threats posed by the wife is recurring frequently then the husband should not take risk of remaining silent on this issue, he should lodge a criminal complaint agaisnt her for the persisting threats and the acts of cruelty that she is unleashing against him as well his mother.

His mother can file a DV case seeking protection from her and also any order of injunction restraining her from forcibly driving her out of her house. 

The husband can even think of t\filing a divorce case on the grounds of cruelty  and also can file a child custody case stating that his wife is of unstable mind hence there is imminent danger and risks to the child if it is let with her under her custody.  

Apparently this lady is suffering from mental conditions. Therefore, in one pretext or the other it is required that she may be taken to a Doctor . This would  cure her and to save you from future complications.

In the meantime inform the local Police whenever big incidents of quarrels, suicide attempts etc happens. This would go a long way to defend the case, if any filed by her.

Get a CCTV installed at home. 

• Document & Report: Record abuse, suicide threats, and child harm; lodge preventive police intimation.

• Child Safety: Seek custody under Guardians and Wards Act with proof of harm.

• Protect Mother: Use Senior Citizens Act or DV Act to restrain wife’s harassment.

• Legal Safeguards: Apply for anticipatory bail if false 498A/DV likely; install CCTV.

• Relief Options: File for divorce on cruelty grounds if situation persists.

1. Legally the only remedy is to apply for divorce on the ground of cruelty, but the father may in all likelihood not get the custody of child if child is below the age of 5 years.

2. Collect evidence of threats by recording it. 

3. Mother-in-law can file DV case against daughter-in-law to seek injunction and protection order against further acts of domestic violence.

- 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 her mother-in-law.. .

- 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 Supreme Court, regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.

- Hence, his mother can file a complaint against her daughter-in-law for the harassment under the provision of DV Act 

- Further, the groom can also file a complaint for his safety to the police for her threatening to file cases and suicide. 

You can contact me, if further suggestion needed. 

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 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. Attempted suicides are also going against you. 

Based on the facts narrated, your friend’s situation involves serious concerns regarding domestic abuse, child welfare, and the safety of the elderly mother. Legally, the repeated instances of verbal and emotional abuse, coupled with threats of false cases, amount to mental cruelty, which can serve as a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The acts of physically punishing the minor child and attempting suicide twice not only indicate instability but also create a strong case for the husband to seek custody of the child under the Guardians and Wards Act, 1890, on the ground that the mother is unfit to provide a safe environment. Simultaneously, it is advisable for your friend to document all incidents—through medical records, messages, and witnesses—so as to establish a consistent pattern of abusive conduct. The husband and his widowed mother may also consider filing a complaint with the police under Section 506 IPC (criminal intimidation) for threats and under provisions of the Juvenile Justice Act for cruelty to the child. From an emotional standpoint, it is crucial that the child and the elderly mother are given a secure and stable environment, and family counselling may also be attempted if reconciliation is possible. However, in the present circumstances, initiating legal proceedings for protection and child custody, along with safeguarding against false cases through anticipatory bail, appears to be the prudent course of action.

Dear Client,

• what steps can be taken to ensure the safety and well-being of the child, the husband, and the elderly mother?

Considering the particular circumstance, your friend may resort to numerous legal remedies. The wife’s conduct clearly amounts to mental cruelty, threatening the well being of both the child and the grandmother. On the ground of mental cruelty, he may file for divorce under the Hindu Marriage Act, 1955.

Secondly, in order ensure the safety of the child, he must approach the court invoking section 25 of the Guardians and Wards Act as well as Section  6 of the Hindu Minority and Guardianship Act, seeking exclusive custody of the child. With regards to the grandmother, she can seek relief under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007.

If he apprehends false cases against him on the grounds of dowry or domestic violence, it is advisable to acquire an anticipatory bail, and maintain a proper record of all the incidents.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.