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Rajesh D (Manager)     19 August 2015

Prevention from getting trapped in a domestic violence case

My cousin brothers wife is cheating him and going around with another man (also married) for past two years. Despite counselling by family members, she isn't ready to stop. She is now threatening my cousin of dire consequences and is demanding money. She doesn't want to stay with my cousin any more and is asking my cousin to rent a seperate house for her and their child (5 year old son). My cousin lives in a joint family with his married brother, brother's wife, brother's daughter and their mother and grand mother. They all live in Mumbai. Even my cousin doesn't want to continue with the marraige and is ready for a divorce.

Off late the woman creates a rucus in the house almost daily by hurting and injuring herself using various dirty methods. She is threatening of framing my cousin, his mother and brother for domestic violence in addition to demanding money and a rented house for her and maintenance for their son.

In the circumstances, what is the immediate legal remedy to my cousin and his family members as a preventive measure from getting trapped in a domestic violence case? Please advice.



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 4 Replies

saravanan s (legal advisor)     19 August 2015

dv case is not a criminal case.no arrests will be made unless you fail to honour any order made by the court.if she files false case on you then you can fight the case on merits.you can file an nc in the police station stating that your wife or inlaws might file false case on you.this will help you out in case if she files false case

you can divorce her on grounds of adultery and cruelty.if you can prove this ground you can deny her maintenance but not to the child.since the child is five years old you can ask for his custody too and it will be given to you

gather proofs for her adultery,esspecially her own confession where she accepts her illegal affair.also hire an detective to gather proofs from outside.file divorce on her as i had said

stanley (Freedom)     19 August 2015

I go with the advise of sarvanan !!


(Guest)
Originally posted by : Rajesh D
My cousin brothers wife is cheating him and going around with another man (also married) for past two years. Despite counselling by family members, she isn't ready to stop. She is now threatening my cousin of dire consequences and is demanding money. She doesn't want to stay with my cousin any more and is asking my cousin to rent a seperate house for her and their child (5 year old son). My cousin lives in a joint family with his married brother, brother's wife, brother's daughter and their mother and grand mother. They all live in Mumbai. Even my cousin doesn't want to continue with the marraige and is ready for a divorce.

Off late the woman creates a rucus in the house almost daily by hurting and injuring herself using various dirty methods. She is threatening of framing my cousin, his mother and brother for domestic violence in addition to demanding money and a rented house for her and maintenance for their son.

In the circumstances, what is the immediate legal remedy to my cousin and his family members as a preventive measure from getting trapped in a domestic violence case? Please advice.

wah aisa kya he ussmein?

Either you should have kept wife under control from begining.

Or when you found out that she is sleeping around, then take a club and hammer her head and finish her off.

Or you should have applied for divorce and taken MCD.

 

None of the things you are doing.  Better take MCD from such woman and marry someone else.  Is she the only woman on earth alive that you still want hers only?

SAINATH DEVALLA (LEGAL CONSULTANT)     19 August 2015

In addition to what Mr.Saravanan has suggested, why didn't the husband gather proofs of her adultery? That would have been a valid evidence in future in case she goes to the extent of filing 498A against the family.


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