• Wife ran away with boy friend and claiming domestic violence

After 20 years of marriage and having son of 19 years, suddenly wife ran away with a childhood boy friend. Also in a conspiracy with the same childhood boy friend, took out Rs.11 lakh from the joint bank account held with the husband and bought a land besides the land of boy friend.
Now in order to hide all these, wife alongwith her mother, father, brother is threatening the husband and son (who lives with father) and also planning to file a police complaint against domestic violence. Wife suddenly ran away to her mother's house and stayed there for 3 months and upon continuous persuasion of husband for keeping home and family intact, husband went to family friend's house of wife to bring back the wife to home. But she came for 2 days only to collect her belongings, cash, certificates and again forcefully went to mother's house. She is now at her mother's place since last 15 days and not being allowed to talk by her mother. Now the mother, father and brother of wife is  threatening husband, son, father - in- law and mother-in-law to kill them and take them to police (just to hide the real fact).
Kindly guide the necessary steps to be taken as soon possible as my family is under tremendous pressure.

By : Husband
Asked 2 years ago in Family Law from Indore, Madhya Pradesh
Religion: Hindu
1) contact a detective agency and gather evidence of wife extra marital affair 

2) file for divorce on grounds of adultery and mental cruelty 

3) file  a case of adultery gains her lover under section497 of IPC 

4) record all threats received by you from her family 

5) in case any false case of DV is filed contest case on merits 
Ajay Sethi
Advocate, Mumbai
45435 Answers
2669 Consultations

5.0 on 5.0

Immediately file a complaint before police against them.

File a complaint against that boy friend regarding adultery under section 497 of ipc.

Divorce can also be filed against her before family court
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

In the present situation immediately file a police complaint against the threat from your wife's family . You can also file a complaint against wife's lover on the ground of adultery under section 497 of ipc before police station.

You can approach the family court for Divorce under the ground  Cruelty and Adultery.
the spouse who engages in extra-marital intercourse is guilty of adultery.Adultery is a ground for divorce under Section 13(1)(i) of Hindu Marriage Act,

If your wife filed a case under DV act or 498A then contest the case on merits. 
Ajay N S
Advocate, Ernakulam
2766 Answers
47 Consultations

5.0 on 5.0

1. Husband and his family members can immediately file a police complaint for criminal intimidation against the family of wife. This is an offence punishable with an imprisonment of up to 10 years. 

2. Husband is free to file for divorce on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, She may lodge a petition under DV act but she has to prove the cruelty and it is very difficult to prove the cruelty.

2. Secondly you can also lodge a police complaint against that boy for adultery so that when you screwed him your wife will come to your way. 
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

There is no applicability of Domestic violence act if the women has ran away with other man. It is  a case of adultery per se. The evidences mentioned by you (transferring 11 lakhs from your joint bank account to the other man) is a good ground to defend yourself. 
File a criminal case of adultery against the child hood boy friend also make him a co-respondent in the divorce case that is already filed or to be filed by you. 
Leading case laws  to support your claim : Shika v Jasvinder SIngh AIR 2014 P&H (DB), the paramour of the wife(her childhood friend) used to come to the house and the wife had a love affair with him . The grant of divorce was proper. 
Another case law to support your claim is Rajiv Shankar v Soumya Nair  AIR 2014 Kant 167.

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
158 Consultations

5.0 on 5.0

This is a disgraceful act of a woman to do such a thing at this stage of her life. 
Well now she has done it hence no question of taking it back. 
The husband has an option to file a divorce case on the grounds of cruelty, adultery and desertion.
He can file a theft case too against her for having ran away with the money of Rs. 11 lakhs held under joint account and the same was his savings alone. Let she defend it.
If she files 498a case, let the husband and others accused obtain AB  and challenge her false cases in the court. 
His mom and son can be witness to the husband.
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

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