• Family security

Hi,
I got married just one year before and during this my wife and her family started tourchering me for mony and not to meet my family. They did mental tourcher. Her mother aboused also many times. I have a good habit to records calls and video of than which could be used in favour if needed. Wife's mother told me she will fill false cases against me if I not obey what ever her daughter said. As I refused to obey she left off my home with her father and sister's husband. Now she told me she will do mental tourcher case and other cases against me which political pressure of M.P.'s well known politicians Krishna Gour who is real sister of wife's mother. Also wife's mother call my family members and said she will do illigel actions against my family and me. Please guide me how to deal such situation as political pressure involved. I don't want to continue relationship as it has no love for me. Please guide precautions against false charges in my case.
Asked 5 years ago in Family Law
Religion: Hindu

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17 Answers

Hi,

I have only one legal advice for you, file a suit for "Restitution of Conjugal Rights" as soon as possible to call back your wife to stay with you, as this will safeguard you against false cases filed against you or your family by your wife. Contact a local lawyer for the purpose. You must file the suit before your in-laws could initiate any legal action against you or your family. This is the only legal option for you at the moment, even though you don't want to continue this relationship (as mentioned by you). 

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

File for divorce on grounds of mental cruelty 

 

2’ wife forcing husband to stay separate from parents amounts to mental cruelty 

 

3) wife abusing husband amounts to mental cruelty 

 

4) in the event wife files false case of dowry harassment apply for and obtain anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

1) You can file desertion case against her and left the matrimonial house.

 

2) Plus cruelty and mental torture by her and in-laws to you on day today basis in any subject matter.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

 

Once you conquer due to their threat then you always do the same in your life. Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

 

So think, which is the best option in your life, is it  divorce or living together .If i t is divorce file a case for divorce under the ground of cruelty . Other wise settle the matter amicably. If she file false cases then apply for and obtain anticipatory bail from sessions court and contest the case. 

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Hi

You can file divorce on grounds of  cruelty in the court

Your recorded conversations can be used in supporting the case, see what all other proofs you can collect against her to prove her cruelty in terms of mental emotional and other forms.

If you prefer a divorce it is better to file a petition before she files a criminal complaint before the police or file a false domestic violence case.

Engage a lawyer  and proceed further.

 

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

Sir file a police complaint for intimidation and threat for false cases and other illegal action she is threatening you for.

 

Secondly file divorce on ground of mental cruelty against her with all the evidence you have.

 

See if police donot take action against her or wrong file case against you due to political pressure file a petition before high.court for directions.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can approach the mediation centre In court of your local jurisdiction Or you can file case of HMA under the provision of section 9 RCR also you can file divorce on the grounds of Creulty. in case of any threat perception you can approach police with call recording or with any evidence and also file NC application at your local Police station.
Your Mother can file a complaint Under Domestic Violence against your Wife.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been tortured mentally by them which is not at all acceptable in law.
  2. What you have done rightly is that you have been in the habit of recordings conversation.
  3. I advice you to file a divorce petition on the ground of mental cruelity to you.
  4. And also file criminal complaints against them for threatening you to put into false cases.
  5. You need to do this before they do anything as first complain plays a very crucial role.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Since you are done with your marriage, it is advisable that you apply for a divorce.

In case any false or frivolous criminal case is lodged against under political pressure, still you will have sufficient opportunity to defend and the option to approach the High Court and seek a stay on proceedings.

You must also know that there is no automatic arrest in matrimonial cases. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear client.. 

File RCR ( restitution of conjugal rights) to call Ur wife to u house and stys with u..if she refuse to come and stay with u.. then u can file for divorce.. 

And u can prove in the court that she left Ur home with her father.. by herself.. 

Now she is refusing to come and stay with me.. so court will grant u divorce..this wywu can get rid of this problem.

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

You have to file a complaint with the police station under section 506 and 509 of IPC against your mother in law in in case she has threatened you for a false case.

You need to keep all the recording in support of your claim and provide to the police as well in case you are filing a complaint.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You can file Divorce against her. You can also file a police Complaint stating that she is threatening you to implicate in false cases.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If the situation is beyond tolerance and your marriage is old by one year or more you may plan to file a divorce case on the grounds of cruelty.

If they initiate any steps to get you trapped in criminal cases, you may better obtain AB and then challenge their false cases properly.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

1) you can apply for Anticipatory bail from high court if sessions court has rejected your AB application 

 

2) bail of your family members would not be cancelled 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Sir file an Anticipatory bail before high court for you and a quashing petition for quashing FIR and highlight before the high court and seek interim relief based on same that police is harassing so stay on investigation can be granted

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can file AB before high court and explain the police atrocities before high court while pleading for AB.

The police cannot arrest once your relatives are enlarged on bail and it is similar to your case also.

If the police are acting in excess, you ,may silently send a complaint against the particular police officers who torture you to the State Human rights commission.

The commission will send notice to them on the basis of the complaint and pull them up.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Once you file and receive ABA then they can't keep your behind the bars.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

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