Legal Question in Family Law in India
My wife is residing with her parents in her mayka and daily she used to ring me anytime and use abusive language. She threatens me for filing a false 498 and DV case. she has insulted me, my mother and my brother in the society. Her parents are involved in this matter too. She uses very bad language for my mother and brother and threathens for damaging my organs and forcible possesion of my mothers property which was earned by my father during his life time. I and my entire family are in tension and this is affecting my professional life also.
I have the following queries:
1. If my wife lodge the fake complain of 498 and DV, How should I protect my self and entire family (I want at any cost my mother and brother should not be jailed).
2. Will the complain lodged by my mother in Local police will help her from going to jail?
3. Will my brother be affected by her complain?
4. Can I file a divorce case one sided on the basis of cruelty? What is the possibility of getting the divorce?
5. What proofs are required to prove cruelty?
6. Can I file a case of defamation and conspiracy against her parents? If yes, what proofs will be required?
Thank you
Regards
4 Answers from Attorneys
Dont worry, everything will be alright and dont afraid from 498 or DVA cases etc.
Else she will take the benifit of this fear.
You have not mention how long she is living seprately and when you get married. plz explain.
Secondly, dont afrid from jail. your family can get Anticipatory bail in any such case.
Further, she dont have any right in your property, if she do anything wrong with you.
2. Lodging the complain will not help your mother, but you can file an informatory application on behalf of whole family or you can get a seprate house to save your family.
3. If you get a sprate house then nobody except you wil be affected else the whole family could be arrested.
4. yes you can file and there are various other grounds also, you may send me whole detail.
5. Affidavit of your neighbours will be sufficient proofs to prove cruelty.
6. You cannot file any direct case against his parents but if you have any recording of your inlaws about tourcher or wrong words then you can file any case.
Regards
handle carefully. try to sort out the matter with a positive approach. it may be better to avoid litigation and settle the dispute amicably. the legal approach may create more problems and may be costly and time consuming with no certain results.
Once marriage takes place the couples should lead their life smoothly compromising and without any skirmishes.
The Government is severe on male genders if the life is not smooth. It has draconian laws with it to hammer down on the head of male members who do not move along with his wife though the wife is cruel.
When a male is put to these type of situations it is always good to engage a intelligent lawyer to take up your case and move along in the right direction. The matter should be dealt with carefully as you walk through a tight rope.
To start with there is family counseling centers in Commissioner of Police offices where you have to fully detail your relationships and a notice will be sent by them to sort out the matters. This is the best way your lawyer should start this matter and not start the matter with a legal notice.
Careful reading of my advices will answer all of your questions.
Record your wife's abusive phone calls. File criminal complaint by yourself if intimidated/defamed.
Your mother's property in her name cannot be forcibly occupied or taken away, for the threat make your mother complain to Police as well.
As the law stands today, unfortunately there is no pre-protection steps for husbands and their parents/ siblings, while there are laws life DV Act for the females.
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