threatning for false 498a & dv
Mahesh
(Querist) 20 June 2014
This query is : Resolved
Dear Sir,
I have filed a divorce petition against my wife on cruelty 13a (I) after 12 years of marriage. I am getting harassed mentally & physically from my wife & her family form last 12 years. There is a heavy interference of her mother & father in my family. Her mother & father used to poke my wife daily. My wife used use very low grade words to me & my family. She do not do the home jobs properly. Her father is a retired ACP (POLICE OFFICER) & used to give me a threatening to file for false 498a & false Domestic violence case 12,18,19,20,22 against me.
I am an engineer by profession working with one of the reputed company in senior management level. Looking at my society values, career prospective & both son future (8Yrs & 03 Yrs. old) I have kept my self calm from last 12 years. But now my life is getting miserable. Non of our family members visit our family because of her bad behavior from last 12 years. She hate all my family members.
My wife's family is a defaulter family & her younger sister (27 yrs.) had also left her husband. Her Brother is also having a bad habits & still without job & sitting idle at his home at the age of 33 yrs. Her father used to use very bad words for me. Her father had also been separated from her wife in their married life.
Some of the issues I am facing from last 12 years are :
- Mental harassment and verbal abuse by wife, her mother, her father ,sister
- Severe mental agony/ Acute Physical or mental pain.
- Abnormal behavior, suicidal threats, and tendencies from wife & her family
- Extreme mood swings by wife
- Lack of trust and confidence on husband.
- Filthy/Dirty language and vengeance attitude
- Emotional blackmails
- Violent at most times
- Provoking Husband for Fight & Violence.
The following are some of her ways of threatening:
- Get into a room and say she is going to hang herself
- Go into the kitchen, have the gas on and say she was going to blow us up
- Consume tablets or Drink floor cleaning liquids like…. Lizol, Phenyl and say she is going to commit suicide
- Lodge a false case against Husband and parents.
- Cut the hand with blade or kitchen knife
- Get away from the house in the night around midnight
- Get away from house & shouting from road.
- Make a suicide & write the name of all my family members.
- Kill the kid with along with her.
She left the home around 2 months back along with my kids & send me a black mail massage " My Husband is responsible for my death"
I am totally getting harassed from my wife & her family.
Seeking for your kind advice in above regards as my life is getting miserable.
Devajyoti Barman
(Expert) 20 June 2014
Your marriage seems to have ended for all practical purposes.
In that context try for amicable settlement and for mutual divorce.
If she doe snot agree then file a suit for divorce on the ground of cruelty.
Dr J C Vashista
(Expert) 21 June 2014
I agree with Mr. Devajyoti Barman's expert advise.
Besides this, keep in touch with your sons, and try to bring them back to stay with you, otherwise, move petition for their custody.
Mahesh
(Querist) 21 June 2014
Requires more guidance on said subject. Expert opinion required on below,
1. Can my wife file a DV case after 12 years of marriages. she had already filed for Maintenance-125?
2. What will be the weightage if my wife file a 498a?
3. How Quickly I can get a custody of my both the sons( 08yrs & 03 Yrs. old.)?
4. How I can fight for case transfer as she had applied for case transfer to her father city?
5. What I should do if my wife returns back to home with force?
Dr J C Vashista
(Expert) 22 June 2014
1. Yes she can.
2. What do you mean by weightage, all three cases are different, gverned by different provisions of law and independent.
3. No one can predict about the time consumed.
4. File your reply and contest tooth and nail seeking your counsel's advise, expertise and guidence.
5. She has a right in her matrimonial home, talk to her, make her comfortable in your company and enjoy your married life, nothing wrong.
Rather I would personally advise to for reconsilition for the sake of your children (if cannot coup up with your beloved betterhalf)
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
You have been advised to go for divorce either on mutual consent or regular on the grounds of cruelty. You cannot stop her from filing any number of women friendly cases against you, it is better to be watchful about the development, take precautionery measures and challenge all her false cases properly.
