Unfortunately whenever a husband – wife problem is posted here, there is spontaneous response. I find other important serious things on other matters posted in this Forum are totally ignored. People with fixed mindsets mostly based on their gender and based on their own experience land here and give their stock responses. Most of them give their pseudonyms only. But they know each other’s identity and start fighting among them. In 3 days the responses have reached 4 pages and is now entering the 5th page with no one getting any wiser. If I were to advise you point by point it would be like this:
1. Can i appeal in the court and request her to shift to another house which can be arranged by me and i pay the rent. At least, i am saved from the everyday trauma , me and my old mother faces from her... Would the court such kind of request , stating that i need to safeguard myself from her false blames ?
Well, I see no reason why you cannot. Whatever you pray before the court must be supported with sufficient justification to satisfy the court. What you are asking is a judicial separation which would be temporary or permanent. In the latter case eventually it has to lead to divorce. The question of custody of your son also will rise. If your wife wants his custody the court may grant it with visitation rights to you. You are prepared to rent a house. As your wife also has income the court will decide on the quantum of maintenance. What you state before the court alone cannot be used by the police for any action under 498A or D. V. Act. Any legal remedy sought by a law abiding person before a court of law cannot be used against him.
2. ALSO, can i stop her family to visit our house... ???? she keeps threatening to bring her mom and other relatives visiting our place and even staying over at night. Sometimes, she even calls her mother to our home and create big scenes there, bringing much harrassment and bad name to our family in the neighborhood.. Is there any LAW or any RULE where i can put a stop on their visit ??? how can to do that ????
How to prevent a person or persons from entering your house? If a stranger, whom you do not want, comes into your house, it would amount to trespass; the police may act on your complaint if there is prima facie evidence that he is a trespasser. But the relatives of your wife are no trespassers. Your wife will not support you if you call them trespassers. If the court allows you to place your wife in a separate house or in any other manner you are able to live separately you can ask the relatives of your wife not to visit you. Basically you will have to get an order from the court restraining them from entering your house. But it is highly unlikely that a court will give such an order.
3. As she bringing much bad name to us....even when she is staying in our house... Can i file for a defamation case against us ??? or anything else to stop her doing so....????
Where is the question of defamation here? It is true the whole thing is bringing a bad name for you. But it is bringing bad name for her too. What is the “defamation” she is causing you? If she verbally abuses you and your mother within the four walls of your house it is a domestic quarrel or you can call it domestic violence by her. But if you complain of domestic violence against a wife you will find no support among the law enforcement agencies.
I have given my opinion on your 3 questions. I do not know whether they are useful to you or not. You say that you have a 7 year old son. It means that you have lived with your wife and she has given you s*x for 8 years or more. When did this quarrel start? What was the reason? Have you tried an amicable settlement? Have you consulted marriage counsellors, psychologists or psychiatrists? If you genuinely want to live a happy peaceful life with your wife and son and others your mother or her relatives are coming in the way one can try to look for a solution. Please exhaust all possibilities of reaching an amicable solution before taking any precipitate action. Remember you, your wife and son are one world. No outsider should be given an excuse to poke in.
We have heard only one side of the story. What about the other side? You wife may have her own version and justifications. We do not know them and whether they are genuine or not.