My father's sister is facing a peculiar problem. Her age is 50 and her husband's age is 62. They are married till last 30 years. Everything was fine till his husband was working. Problem started after his retirement. Gradually he became intolerant on his wife and started physically and mentally torturing her. They have two children, one of them is married. Both of their sons stays separately. The problem intensified last 6 months and he also has stopped her food with continuation of physical and mental torture and constant threatening to throw her out of house. Also he is pressuring her for divorce. Somehow she manages with the money supported by her two sons for her food. Also he has already filed a false police complaint that her wife is non cooperative to cook food for him and verbally misbehaves with him . Next week he is also planning to file a divorce case with this reference.
In this situation she has decided to move to his elder son's residence and do the following things:
a. File a FIR on 498a in the nearest police station citing physical and mental torture since last 2 years, denial of food and basic amenities and threatening to sign divorce and threatening to be thrown out of house by her husband. --- people telling that after 30 years of marriage 498a does not stand. But apart from the years fact all other cruelty ground stands true....need clarification
b. File a Domestic Violence case in sub divisional court against her husband to seek maintainance.
Is there anything more that can be done ???
In this case as the husband has already moved to police station and court for divorce before wife approaches in the above two ways , is there any chance that wife's pleas will not be given much importance in above cases and will treated just as only revenge action by wife??? Note: both the sons are her side and ready to give any witness if required