Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aditya Godik (Staff)     28 May 2012

Harassment by wife

 

After 3 months of marriage, Wife threatens her husband and his family that she will end her life, if her demands are not accepted and /or fulfilled.

She attempts to do suicide and threatens to harass husband and his family by complaining police.

She makes dispute for trivial matters of family. She is in defiance of her husband and his family

The cause of aforesaid actions to fulfill her demand for separate , nuclear family  home and to avoid the joint family and the responsibilities and duties  as a part of joint family , as  she and her parents  promised that  she will  stay in joint family before marriage.  All this acts are narrated to her parents and brother but in vain

The husband and his family feared by harassment by criminal cases 

What are remedies for the husband? Should husband file any police complaint?

Please advice.



Learning

 12 Replies


(Guest)

Immediately lodge a police complaint and record her threats.

Deep Narayan (learning)     28 May 2012

Of course u should file a police complaint.

also record her voice in mobile or other recording device this will help u to prove ur alligations.

also with this records u can prevent urself from the false cases which she is thretning.

better file a divorce suit.

Saurabh..V (Law Consultant)     28 May 2012

@Author

 

FIRSTLY You should NOT complain to police!

 

SECONDLY you should decide if you want to live with her ot not. If you want to live with her then you should try counselling. Mediation and counselling does work out preity well for many couples. When family members fail to resolve a matrimonial dispute, sometimes an outside counsellor who is a professional works wonders.

 

And if you don't want to live with her then, you should first collect evidence in the form of audio / visual or in any other acceptable form. Then you should file for divorce on the ground of cruelty in the court. Once you file it, your lovely wife would file cases under various draconion sections like 498a, DV Act, DPA etc. (if she is bad). And then your evidences would save you from getting harrassed. All would settle in your favor and you would not require to give any maintenance.

 

Also, before you do anything, just transfer all your movable and immovable property in your parents name. This will ensure that an erring spouse wouldn't be successfull in haraassing you or looting your hard earned money.

 

All the best!!

 

//peace

/Saurabh..V

1 Like

galsober@yahoo.co.in (def)     28 May 2012

Originally posted by :Deep Narayan
"
Of course u should file a police complaint.

also record her voice in mobile or other recording device this will help u to prove ur alligations.

also with this records u can prevent urself from the false cases which she is thretning.

better file a divorce suit.
"

@ Deep

marriage is 3 month old, can divorce be filed? Plz enlighten!

1 Like

Deep Narayan (learning)     29 May 2012

I am really sorry I answered this questn without taking time passed after marriage. thanks ''galsober@yahoo.co.in'' for taking the matter up.

now the marriage had not completed one year then u cannot file divorce suit.

u can move for the cancellation of marriage.

Deep Narayan (learning)     29 May 2012

I think saurabh ji has given the best possbile way.

aditya follow his advice.

Anjuru Chandra Sekhar (Advocate )     29 May 2012

If you have proof that she and her parents  promised that  she will  stay in joint family before marriage, or people giving evidence to that effect on your behalf you can file for nullification of marriage for obtaining consent by way of fraud under Sec.12 (1) (c) of Hindu Marriage Act. For this, you should also prove that she does not want to be part of joint family now, i.e., after marriage.  Have a meeting with elders with regard to her attitude of wanting to have a separate family, record the proceedings of the meeting.  Remind her elders "you have promised before marriage, she will be part of joint family" and get their reaction recorded.  When it criminalized they won't admit truth but before it is criminalized, they would admit truth for the sake of etiquette.  Get entire proceeding of arranged panchayat recorded and apply for nullification of marriage under the Section mentioned above.

Adv. Chandrasekhar (Advocate)     29 May 2012

I differ with the above view.  Irrespective of giving promise to live in a joint family, a wife after marriage can seek separate house for living away from joint family for the reasonable grounds available to her.  The breaking of such promise does not amount to cruelty attracting divorce decree or annulment decree.

Anjuru Chandra Sekhar (Advocate )     30 May 2012

Any relief provided by any law to that effect?  That is, if a wife wants to set up nuclear family with husband with "reasonable grounds" (like cruelty meted out by MIL, FIL and other family members of husband when living as part of joint family), any law provides such relief to wife?:)

 

Secondly, the suggestion made relates to obtaining consent by way of fraud, not to the aspect of cruelty. First agreeing that she will be part of joint family and then breaking the promise with the greed of not fulfilling the household responsibilities of serving inlaws or with the greed to enjoy entire salary of husband herself without sharing with inlaws and other family members of husband also amounts to criminal breach of trust under Section 406 of IPC.

 

Girish (Senior Manager Operations)     07 October 2012

I am one of the victim. I have married a girl which has been cheating me since 2008. In 2008 she engaged to a person & then a day before marriage she broke the marriage. They put a case against her under IPC section 420. I gave her bail in that case.

Since 2008 she demanded many things like Jewelry, Cash & Power of Attorney of the Flat, etc. I didn't lodge any complaint against her.

I married to that girl 3 months back now she & her family members are harassing me emotionally & demanding money. Also, they are threatening me of lodging a Fake Complaint against me & my parents/sister under IPC section 498(A). Fortunately, I have couple of recorded telephonic conversations.

I am thinking of lodging a complaint against her & her family members. Also, I would like to withdraw the Bail I have given earlier. I am thinking of applying for Anticipatary Bail for me & my family members. Kindly advice me if this could atleast prevent my parents from an arrest & further trouble. I have to spend a lot of money but I am ready to do this to avoid any sort of trouble for my parents. Kindly advice.

Girish (Senior Manager Operations)     07 October 2012

 

I am one of the victim. I have married a girl which has been cheating me since 2008. In 2008 she engaged to a person & then a day before marriage she broke the marriage. They put a case against her under IPC section 420. I gave her bail in that case.

Since 2008 she demanded many things like Jewelry, Cash & Power of Attorney of the Flat, etc. I didn't lodge any complaint against her.

I married to that girl 3 months back now she & her family members are harassing me emotionally & demanding money. Also, they are threatening me of lodging a Fake Complaint against me & my parents/sister under IPC section 498(A). Fortunately, I have couple of recorded telephonic conversations.

I am thinking of lodging a complaint against her & her family members. Also, I would like to withdraw the Bail I have given earlier. I am thinking of applying for Anticipatary Bail for me & my family members. Kindly advice me if this could atleast prevent my parents from an arrest & further trouble. I have to spend a lot of money but I am ready to do this to avoid any sort of trouble for my parents. Kindly advice.

Aneesh Trivedi (Advocate)     07 October 2012

No need to invest lot of money just follwo step by step

give complaint application to TI, SP , DSP, DGP, IG , EVEN TO MINISTRY ALSO STATE AND CENTRE.

THEN also sent letter , mail and fax to different dept, also keep record and copy.

if she is with you send her to her parent house and again give application she is not living with you she is at her parent house by her own wish . if she is not with you then your are safe by her physical torture allegation .

because of your Bail pressure they are not filing any case if you withdraw you bail they will file cases

you also able to say in the court that you help her and your bail also prove that she is under on charge,

consult a good advocate if finally plan to divorce then follow in what way he guide and act accordingly.


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