• Family relationship

My relationship with wife is not good. She is always abusing and threatening to suicide. Always saying about participation. Is any precautionary measure is there for her threatening  for suicide and threatening to  lodge false complain of dowry case.

Please advise.
Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
I would recommend that you lodge a police complaint with the nearest police station, or alternatively if you feel threatened by her you may seek divorce; if you belong belong to Hindu faith, from the family court on the ground of cruelty and mental harassment. 

Alternatively, after lodging a police complaint you may on the basis of the complaint approach court of sessions and seek interim anticipatory bail for 72 hours, in an event if a FIR is lodged by your wife. However, for ensuring anticipatory bail you would have to have certain evidences to convince the court that there exists "apprehension of arrest" from your wife lodging a false dowry case against you.

Feroz A. Shaikh
Advocate, Mumbai
407 Answers
58 Consultations
4.4 on 5.0

Thank you for your query. 

In case you are living in a joint family with your parents, the first measure is to take separate premises so that you and your wife may stay separately from the rest of the family. This reduces the chances of them getting involved in the legal hassle.  

However if you are staying in a nuclear family then the best resort is to file a police report. In case the SHO of the police station is not taking your complaint, then you may approach the SP of that area. Or you may even file a complaint before the Magistrate of competent Jurisdiction.

As regards the anticipatory bail, the courts generally do not entertain the same unless an FIR is filed against you. That is so because it is difficult to prove “apprehension of arrest” without an FIR being filed.

Do let me know in case you require any further assistance.
Nishant Bora
Advocate, Jodhpur
111 Answers
32 Consultations
5.0 on 5.0

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