Legal Question in Family Law in India
Can I do as follows & what should be the result?
I would like to lodge a F.I.R. against my wife for causing mental harassment & violation of conjugal rights with me along with her father and her mother, for provocating her to do the same.
I got married in the year 1996 and at initial stage my wife's behaviour was very loving, soft and respectful. But after some months her behaviour started changing. She started becoming dominating and argumentative. She had been very loving at certain times but when she got angry she became verbally abusive about me and my parents. Also she used to taunt me by saying that she had better options to be married with other persons who were more handsome and financially more sound than me. Sometimes she behaved very egoist, irrational and led to frequent quarrels for the purpose of abusing and causing mental agony to me. Due to my wife�s stubborn and unhelpful attitude that had always held me back in discharging my social and other responsibilities as well as gradually increase temperamental differences and mental incompatibility. She used to say that she has no brother so her father has adequate capability to bear all the expenditures of her in her paternal house. As a result she often used to stop talking with me, sleeps on different bed, refuses to welcome my sisters & leave her material house along with wards and stays a long time there in her paternal house. It became a total lack of care and respect on her part for me due to violating her marital obligations and non co-operation with me and causing me a consistent course of conduct inflicting immeasurable mental agony and torture only due to which reason I became a hypertensive and single vessel coronary artery disease patient. I had already been affected by acute heart attack back to back within a very short span. In the meantime, I compelled to take admission for treatment at emergent basis in Rabindranath Tagore International Institute of Cardiac Sciences, Kolkata several times. She created such type of situation for me for which I compelled to take my foods from hotel outside from my resident for a long duration, sleep in separate room in my house and thus aggravating my disease further.
Her father & mother always used to give provocation & support her to do so all the period. She always used to find out the minimum fault from my daily activities, blame non sense & impractical allegations upon me & highlighted the same. She never saw anything good in me. I somehow tolerated all these nonsense activities for the sake of the future of my wards and not intended to lose my self-respect from the society.
After continuous tolerance for the same during since last 15 (fifteen) years my life comes at a very difficult juncture and extremely frustrated at present whereas I should have been the happiest one right now as I have been blessed with almost everything one can ask for in life.
In her latest attempt, one morning dated on 24.10. 2012 she left our resident at Burdwan without any provocation along with my wards and started to stay at her paternal house. She had threatened me to malign my social reputation through hue, and her father made several telephone calls to my relatives and spread abuses which are absolutely beyond truth. She had threatened me also of applying Article 498A. This pressure tactics brings harassment on my respect and reputation but renders my life meaningless thereafter.
Now, being a Government employee wish to do this painful duty ever most I have done by informing you all these matters stated for which I like to lodge a F.I.R. to your good police station regarding the mental torture, cruelty, & violation of conjugal rights with me against my wife, her father and her mother, now resides at Arambagh, Hooghly under your jurisdiction. They did not have any right to threaten me for Article 498A. I am seeking apology to your kind heart to do so but forced to for the present circumstances as the painful life what I am spending now is not less than any imprisonment. Proper investigation from your end to find out their motive and acknowledgement for the same is highly solicited. Now I am residing in Kolkata to continue with my services whereas my 65 years old mother resides at Burdwan town who is suffering from old age diseases. As I am a Heart Disease patient it will reduce my mental agony and help me to survive a fearless and painless life.
3 Answers from Attorneys
dear sir,
After going through ur mail its was realy pain full to know ur situation....
yes you can lodge a FIR against ur wife...
but do remember that she will file complain under sec 498A and DV cases against you...
so before that you need to have some evidence were you can proof that you tried you best to bring her back and about her nature and the threatining she and her parents giving you...
after lodging FIR you can even file for divorce giving valid reasons for the divorce...
for any further help you can mail me
with regards
Uttam tibrewal
you may file FIR but note that she may also file 498A or domestic violence against you, better you directly file a criminal case for this type of provocation.beside come for counselling to settle this dispute. for future inquiry you may contact with me.PROFESSOR ADVOCATE SOMNATH MUKHERJEE 9874753359