Case of domestic violence on my father by my wife and in-laws
Dear Sir ,
Please advice as there is an incident happen wherein my father was trying to sort a fight between my mom and wife in my absence. I reached home in 40 mins and in the mean time my father in law came in with his son and wife and started beating my mother. He slaped my mother and thrashed her with his foot .Situation got terrified and they consulted there lawyer and asked either to write and apology saying my father is guilty and he has beaten my wife or he will file a case against him.
Since the time line was 24 hrs my in laws registered a case against my father saying he had beaten my wife and locked her for 10 mins . Wherein the realty is he slaped her because she was abusing my mother and father badly and she is doing this from long time. She has given me one more choice either to choose her of my dad and when I denied she reported in police station.
Dear lawyers- My dad has never slapped me in my life however I do agree my dad has made a mistake but he cannot beat her for 10 mins what she is claiming. I had never stopped her for anything in my 2.5 years of marriage as I am very open minded person. Now they are not agreeing for apologies or understanding and wanted him to be punished.
I am in depression as I cant see my father in such situation and we really cant afford to bear the court expenses as my father has no income .
Asked 3 years ago in Family Law from New Delhi, Delhi
Hi,when this kind of situation you have to face it legally and it is better your father will take anticipatory bail and later it will take time in the court in the meant time it is better convince your wife to take back the case.
no need to worry, sit tight and wait and watch, if they filed any case u/s 354 of IPC or any other section which should be non-bailable then file an anticipatory bail before session court or high court.
in between try to settle the matter amicably and save the marriage.
Advocate, New Delhi
You can file an application in the high court to quash the same with proof you can file an anticipatory bail and if you can produce the recordings that she is behaving brutally it will be an added advantage.try to settle the same amicably negotiate between the relatives of your wife.
1) dont furnish any apology letter. it would be an admission of guilt and used against your father . inform your in laws that if false police complaint is not with drawn you will have to file for divorce
2) it appears your wife and in laws are not satisfied with oral apology and want to further ruin relations between you and your family members so that ultimately you have to choose between your parents and your wife
3) record all the threats received from your wife .
4) it will help you in case you desire to file for divorce on grounds of mental cruelty . making false allegations , using abusive language amounts to mental cruelty
You are advised to file a written complaint against your inlaws , your wife and his brother for tress pass and physical attack on you mom.The station officer will register FIR against them. There is no need to tender apology by your parents or your wife. If the station house officer refuse to register FIR you are advised to approach HighCourt. Further your mom also can file DV case against your wife. If they come forward for negotiations , resolve the issue through MCD .
1. Never acknowledge happening of the said incidence and never issue any apology letter,
2. Contset the case filed by her fittingly. If she has filed DV case or lodged police complaint u/s498A of IPC, take anticipatory bail for your father and all those who have been accused by your wife,
3. Collect all evidence of her abuses and cruel actions either by video or audio taping,
4. File a Divorce Suit against her,
5. You shall have to bear the expenses of the court cases to get justice.
you should not asked apology as it will amount to admission of guilt. your mother may file case of domestic voilence against your wife. as far expenses are concerned you have to bear if you want to fight cases
Advocate, Greater Noida
You should not give a written apology as the same will amount to admission to your guilt.
We suggest you to collect sufficient evidence such as form of threats received from your wife.
You can file divorce petition on the ground of cruelty under Section 13(1)(ia) under the Hindu Marriage Act 1955.on the ground of cruelty under Section 13(1)(ia) under the Hindu Marriage Act 1955.
Advocate, New Delhi
You please approach legal aid clinic in your area in this regard.
1. In this case you should face all the allegation levied by father-in-law, if you want to settled down this issue.
2. Don't give apology statement either written or oral, it means you admit your father's guilt this admission of guilt would be used against your father.
3. Collect all the evidence and proceed further with calmly and cautiously.
4. Don't do anything which may be fatal for your married life.
5. Treat these things in the line that how to defeat these hurdles and live with wife and parents happily .
6. This is your family and you should try every step to save your family and restore peace.
7. Counsel your wife and please don't be depressed.
If by apology situation is not solved then with the recorded evidence you may go for divorce in case of no other option