LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harsh (Manager)     21 January 2013

In laws interfernce,dv

All, my question is regarding steps taken by a husband to reduce his

in-laws (of course it means MIL's) intereference in his domestic life.

If a husband limits his wife's communication with her Family to Phone only (not video chat etc.), is it a serious

offence to constitute DV. I know that any instance of disagreement with wife can be converted to a DV offence,

but per previous judgements, trial etc. is that considered serious by the courts.

Reason for such action: MIL is poisoning the wife's mind and husband wants to save his marriage and kid. In his

opinion, he is doing what is right to save his marriage and not necessarily to hurt his wife or anyone else.



Learning

 2 Replies

Tajobsindia (Senior Partner )     21 January 2013

@ Author,

It will get converted as various ‘offence’ under DV Act. Reason here is, all acts done in good faith by a husband as he is always expected by society as well as Law to take pro-active actions to maintain in his family some amount of harmony i.e. in a domestic relationship and if not agreed by his wife all such good faith acts of a husband gets converted into DV Act complaint matter.

The question here is what a husband then is supposed to do without taking recourse of Law?

1. Adjust, modify, ignore or renounce the world of his marriage amicably. Understand that husband and wife are from Mars and Venus respectively thus they rarely can ever say 'yes' to same domestic argument(s).
2. Sit at India Gate and cry ‘we husbands want justice for a scheming MIL’. Or coming to India Gate not possible then try to become best friend to a MIL.
3. Daily 1 hr. talk to wife during bed tea to mend her ways and record the husbandly discourse. [This is one such good faith act of a husband.]
4. Record all her tel. conversation with your In Laws. [This is one such good faith act of a husband.]

Remedy for a husband:

1. Let her file DV Act complaint as when legal r@pe is inevitable then best is to enjoy it, till it lasts and with above para 3 and 4 prove to the same DV Court that her DV Complaint is liable to be dismissed due to objections by a husband of constant interference by MIL in our domestic life and pro-active measures taken by him did not go well with wife and MIL schemes of things they were doing to ‘my family’ thus she files this complaint matter as a counter blast. It is doable work of art provided parallel divorce case filed by a husband on same cause of action is also running.
2. File S. 107 CrPC application before jurisdiction Executive Magistrate for maintaining peace and harmony in your family if she does not file DV complaint case or use this section provoking her to file one if usage of Law is what you want as remedy to your raised issues
J

 

Harsh (Manager)     24 January 2013

Thanks,

Divorce is not intended hence it cant be running. So if she files DV then in the absence

of a divorce case, chances of some harm to husband?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading