Pac (Manager) 14 September 2010

Wife threatens to file DV for not changing residence

I am married for 2.5yrs and living in an apartment of her relatives due to pressure from her & her parents. I pay rent according to market rate and have good relationship with the house owner. We are blessed with a boy child aged 1.5yrs.

My parents and relatives stopped coming to our house a long back since she is quarrelsome for silly things and create nasty scenes with dirty words. She attempted a suicide few months back for refusing to celebrate child's birthday with the apartment people. Couple of weeks back she quarreled me for petty issues (for not respecting her mother / father if they come to our house). Since then she (along with my child) is with her parents and insists me to change the residence or else will file a DV/498a (her counsel's advice). She wants to take a revenge on my parents (even though they are not with us) & me and her past efforts didn't pay.

In last one year we made three attempts to change residence and at the last moment she dragged out from the decision all the time. She doesn't want to lead a life with me at this residence and threatens to go any extent if I dont buckle to her wish.

Is my stance is against law?

Can someone suggest a strategy to block her actions?

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4 Replies

(Guest)

There can be two approaches to address your case

1. Social and

2. Legal

If you feel that your stand is correct and reasonable, you can approach a person who knows both of you, who is credible and trustworthy and who can convince her that marraige does not work on whims and fancy.

It social mediation does not work, you should take steps to safeguard yourself legally . You can do followings

1. Give a petition to police station giving details of threats you have been receiving. Mark a copy to SP of your area. State that you wife and in laws are threatening you with false 498A and other criminal cases. You can get more details on how to counter false 498A cases on www.498A.org

2. You can file civil case for restitution of your marraige. Court will pass the order to your wife to join you. Such orders are not enforcable though. But a non compliant order will work much in your favor if things deteoriate latter.

Pac (Manager) 14 September 2010

Avinash thanks for your response.

1.Social

this one didn't work even from the begining of the married life. Her father (a postman) supports her causes against all members of the family & society. He always beg someone in authority for help and aggrevates the problem to trash me. He is the cause and root of all problems.

I need to be bold in taking the second option. Let me with it.

thanks

ANAMIKA VICHARE (LAWYER) 03 June 2014

Now the first thing you do is record the conversation that she is black mailing you and then give in writing complaint to Police Station...Police Stn would not accept yr complaint in that case you send the written complaint by post and mention that you hv audio recording.... till then do not file any divorce petn andalso try tovisit yr son on regular basis, do not fight say that u r trying for new residence n avoid it.....

next devlp advuce by email

anamiak_vichare@rediffmail.com