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Victor (Manager)     03 November 2021

498a wife blackmailing attitude.

Background:

Wife in the past twice have filed 498a and DVC & other criminal cases on husband and mother-in-law, father-in-law & brother-in-law and later before trial stage, she  withdrew the cases. Now Husband ,wife along with 2 boys compromised and living together.

Current Situation:

Recently mother-in-law passed away and   she is objecting father-in-law aged 80 yrs to stay along with  family since she does not like take care of him & her own reasons of the past issues. Or not letting  husband to meet his father  otherwise face dire consequence of filing another criminal case possibly 498a again?

Contrary  her friends & her mother, brother ,cousins, sisters, sisters husband, their children and their friends and for that matter any one from her mother's or father's side relatives are free to visit and stay and can go. She is behaving like a authority of the house. even though the house is on husbands name and EMI is still running in the bank for home loan? Also all the domestic expenses are borne by the husband inclusive children education.

In the situation the senior citizen here is buying roadside food for himself  and living alone as cant afford to hire  a qualitative cook cum care taker who normal range in Hyderabad is priced between 15000 to 25000 per month ,

Experts any way is there here  or suffer silently as happening today to him?

 



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 November 2021

Section 506 of IPC, 1860:

Punishment for Criminal Intimidation � The husband can file a case against his wife, claiming that she threatens him to hurt himself or his family or property. Yet again, the evidence is the only thing which can uphold his case.

Anusha Singh   03 November 2021

As per your query it is understood that you need information regarding your wife threatening you and harassing your father so what actions you can take against her.

The best way to reduce the problem is to make both parties attend a counselling session and have the counselling proceedings recorded. So, these counselling sessions can really be of evidence in case a false complaint is lodged in the police station.

You can also file a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by his wife. But the complaint must be issued to concerned Police Station House Officer and copies of the same are to be sent to higher Police Officials like Superintendent of Police, Deputy General of Police, Home Minister, Registrar of High Court etc.

If you want you can file an appeal for divorce on the grounds of cruelty as she is harassing your father and she is also threatening you to file a false case of 498a which amounts to cruelty. Under Section 13 of the Hindu Marriage Act, 1955 the grounds for divorce include: “voluntary s*xual intercourse with any person other than his or her spouse”; “cruelty”; desertion “for a continuous period of not less than two years immediately preceding the presentation of the petition”; “ceasing to be a Hindu by conversion to another religion”; and being “incurably of unsound mind”.

Hope it helps!

 

Regards,

Anusha Singh


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