• Precaution to be taken after filing divorce for cruelty

The facts:
1. I have filed for Judicial separation on grounds of cruelty last week.
2. She refused to accept the court notice from the postman
3. She has been threatening me and my mother with filing false cases
4. I am staying at a hotel. Also the process to install CCTV cameras are on. Once installed, I will shift back.
5. I live in a rented house where the rent is being paid from my mother's bank account.
6. I have filed complaint that she has been threatening me and refused to accept court notice.

My immediate objectives:
1. To safeguard myself and mother from false cases.
2. To evict her during the tenure of the case
3. To somehow serve her the court notice

Suggestions I have got so far:
1. File an injunction. What is the benefit of injunction?
2. Ask mom to file police complaint against her for intimidation and domestic violence. Then File a court complaint under 156(3) and I become the witness
3. Ask mom to File an eviction suit

Pls guide.

Thanks and regards
Asked 2 years ago in Family Law from Noida, Uttar Pradesh
Religion: Hindu
1)if agreement for taking premises  on rent  is in your mother name then she can obtain injunction restraining her daughter in law from disturbing her flat possession . 

2) it is duty of husband to maintain his wife. daughter in law cannot claim any rights in mother in law house 

3)  if wife refuses to accept court notice then it is proper service . 

4) you can also apply for substituted service ie paper publication 
Ajay Sethi
Advocate, Mumbai
44243 Answers
2568 Consultations

5.0 on 5.0

Hi, If your wife is refuse to accept the Summons from the Court then you have to take the steps through the Substitute service like  affixture of the Summons in the conscious part of the House or through paper publication in leading news paper.

2. Don't file any case against your wife and filling injunction suit will not help you and you just running from pillar to post and post to pillar.

3. Suppose, If she lodge a police complaint against you and your mother then  the police will not arrest you immediately, first they have to verify the genuineness of the Complaint and then they have to issue notice to you and your mother and thereafter they have to refer the matter to the mediation  to settle the matter amicably so there are so many process  as per law and in the mean time you can also apply for anticipatory bail in the Court.
Pradeep Bharathipura
Advocate, Bangalore
4528 Answers
202 Consultations

4.3 on 5.0

1. If the house belongs to your parents then only suit for injunction can be filed and more so when she is away from house.
2. Yes such complaint can be lodged.
3. It is another option
Let me add even if you take all these three measures you can stop your wife from filing 498A case.
So choice is yours.
Devajyoti Barman
Advocate, Kolkata
12511 Answers
160 Consultations

5.0 on 5.0

1. You cannot stop her from filing false cases. The only thing you may do is to contest the cases in defence and also take all the necessary steps to preempt the adverse consequences of it. File for anticipatory bail at the earliest after the case is filed.

2. Injunction suit can be filed to restrain her from interfering in your peaceful possession of the property. 

3. Your mother can also file a case for domestic violence to seek protection order against her daughter-in-law. Eviction can also be sought on the ground that she needs to be evicted from the property in the interest of physical and mental well being of your mother.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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