• Marital issue - Legal safeguard against false accusations/threats by wife

My wife and I have not been living together since over 9 months now and we are reconciliating for her to come back. However, she her & her family’s behaviour prior was always threatening. She & her father always used to wrongfully threaten that that they’ll complaint to the police that I and my parents mentally torture her. That ofcourse was never a case and infact her & her family’s behaviour with my parents was insulting. She didn’t want to stay with my parents and now she is ready to stay. 

However, I would like to safeguard me and my parents against her future false accusations and threats before we agree for her to come back. She also has some self-destructive tendencies. And as an extreme case, in the future one never knows that we might be falsely accused & dragged into that. Is there any way to safeguard me and my family?
Asked 11 days ago in Family Law
Religion: Hindu

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16 Answers

File NC with local police station that wife has left matrimonial home on her own accord and are threatening to file false cases against you and your family 

 

if your parents are owner of property wherein you are residing they can obtain court orders restraining her from disturbing their possession of property 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

1. In such cases either divorce suit or suit for restitution of conjugal rights is a good option.

2. However legal recourse must be explored after all efforts through amicable settlement ends. 

Devajyoti Barman
Advocate, Kolkata
21801 Answers
318 Consultations

5.0 on 5.0

Before getting her back re-entry in the matrimonial home kindly get signed from her a MoU terms and conditions that she will behave well in the house and with all family members.

Ganesh Kadam
Advocate, Pune
11752 Answers
114 Consultations

4.9 on 5.0

Hello,

  1. There is no specific safeguards against the possible accusations that your wife may raise upon her return to her matrimonial home. You cannot take any undertakings from her as they won't stand the test of scrutiny and can be interpreted as done under coercion.
  2. What best you can do is to install CCTV cameras in your house wherever possible to capture the activities, so that her allegations if they are false can be countered. In case of any question raised, you can assure her that the cctvs are for security purpose.

S J Mathew
Advocate, Mumbai
3084 Answers
113 Consultations

5.0 on 5.0

Communicate her about her misdeeds and your expectations from her in future by registered post asking her to give written reply. Copy to her father. 

Keep this .This will throw some light on her past misdeeds. 

 

No legally valid option is available. 

Kallol Majumdar
Advocate, Kolkata
2788 Answers
4 Consultations

5.0 on 5.0

- As per Supreme Court judgement, 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 the family.

- 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.

- If she is not interested to live with you, then try to take her consent for mutual divorce. However for mutual divorce one year separation is mandatory.

- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds. 

- Since, she has left you, then for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false cases.

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

In the matrimonial disputes one cannot predict what next, especially if the wife is expressing her willingness to rejoin the husband and return to the matrimonial fold voluntarily, then all types of suspicions based on her past behavior will arise in the minds of the husband and his parents.

This presumption may or may not come true in the future however you cannot take any precautionary measure in advance to this.

If at all she assures along with her parents that she would not repeat any such episode in the future, based on her assurance you may take her back, as an abundant caution, you may record her assurance in the camera mobile.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

If she files any false case of non Bailable offence then take anticipatory bail to secure yourself from arrest

Prashant Nayak
Advocate, Mumbai
22642 Answers
49 Consultations

4.4 on 5.0

there is no fun in threatened life and life is otherwise good.

first of all i will suggest to be bold and daring and get everything documented. do not bog down or else you will suffer if she is coming with a plan. of course she may get good sense also but chances are bleak of it. ask them to sign a paper wherein it will be written that she left without any reason and on your persuasion she is returning and she will not do this in future and that she was happy but somehow left due to own compatibility discomfort. now she has learnt to adjust and wants to begin his marital life afresh. do not bring her without this and dictate the terms. chances are that she may be furious over this proposal and will break off. Believe me, it is better to break off then living with constant tension. in these covid days nothing much is happening therefore you can take various excuses if she tries to make things ugly. 

now what you need to save yourself if she comes: install hidden cameras in your home and outside. record anything which looks like bad on her part. record in your phone the conversations and messages and keep them safe. always speak as you are a person oppressed by wife. record specifically where you are trying to convince her and they are misbehaving with you. if possible call them for meeting after installing the cameras... this you should do.

I hope this will be enough to save you.. of course there can be troubles but if any such thing happen then file counter complaints against all of them. think and prepare things for ugly part or consult a good lawyer for specific advice. good luck

gmgupta advocate

[deleted]

Gopender
Advocate, New Delhi
217 Answers

4.9 on 5.0

1. There is no full proof measure to legally safeguard you from her future complaint, if any.

 

2. However, you can collect a letter from her guaranteeing/assuring you  that she and her father will repeat her/their ill behaviour/treatment against you and your parents. 

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

1. Legally it would be highly unwise to stay with any person who has "self-destructive tendencies" and other illegal traits. This usually backfires into criminal cases, at some point.

2. IF you documentarily prove that Wife has separated for more than 12 months, THEN as per a recent HC judgment, Wife is not entitled to claim Domestic Violence, Dowry demands, other allegations (498A, 125, .... ) and further is also not entitled to claim any alimony, maintenance or whatever ....

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

It is not necessary undertaking be on stamp paper 

 

2) it can be on her letterhead or she can send it by email 

 

3) undertaking should mention that there has been no demands of dowry made at time of marriage or after marriage 

Ajay Sethi
Advocate, Mumbai
79752 Answers
4812 Consultations

5.0 on 5.0

1. You can have the said statements affirmed under affidavit before a Notary public on a Rs.10/- Stamp paper which will have no legal; value at any time.

 

2. On the contrary she will be able to use the said affidavit later on to prove then extent of cruelty on her which compelled her to execute the said affidavit just to be allowed  to stay with you knowing very well that  tyhe said affidavit will conclusively go against her.

 

3.Howevr, it may not be true that she will be forced to be serious in her relationship with you fearing that she has already executed the said affidavit.

Krishna Kishore Ganguly
Advocate, Kolkata
24912 Answers
707 Consultations

5.0 on 5.0

The contents in the form of an undertaking  what you intend to get signed by her in a non judicial stamp paper is no doubt a novel idea to put pressure on her so that she may refrain from resorting to the earlier  gimmicks or torturous activities.

Since this is your own version and thoughts, you can get the same typed out in the NJS paper value of Rs. 100/- each.

If you want to get the contents redrafted or modified in a legal manner you can engage the services of an advocate either from this forum or in the local on his or her terms, so that it has a legal paint  and would create a sense of awareness in her so that she may hesitate while planning to resort to her evil designs again in future.

 

T Kalaiselvan
Advocate, Vellore
69780 Answers
953 Consultations

5.0 on 5.0

i dont think she will give you so much in writing. I am sad that you want to save yourself and your family by taking advice here as you will not get complete advice and you may not get any personalized help, when it is needed the most. well money saving is good but this is serious problem and a stitch in time saves nine. 

anyway.. I think they will not give you this much in writing and you should rather take a letter from her in writing that there were discord between you and her in past due to her various acts like .......... and now she promises that she will try to be a better life partner and will not taunt, fight, scream, abuse you and your parents, will help in home chores etc etc. this will be sufficient to show in court that what was her conduct. If she gives all the details of past act then it will be best.

good luck 

Gopender
Advocate, New Delhi
217 Answers

4.9 on 5.0

- As i mentioned above , for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false cases.

- If you will take undertaking from her , then she can refuse for the same on the ground of pressure & threatening from your side. 

- However , you can take the same on stamp paper in the presence of atleast two witnesses. 

Mohammed Shahzad
Advocate, Delhi
5691 Answers
55 Consultations

5.0 on 5.0

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