MANKU (EXECUTIVE) 09 July 2014

Please advise

Dear Experts,

I filed Divorce case against my wife under CRUELTY. She has been fighting the case staying in my house. Although I am staying elsewhere due to to her atrocities , my ailing mother and sister are staying there as otherwise she along with her father tried to occupy the house several times and making their lives miserable.Now the judgement is due and by the grace of God is should go in my favour.

However, ofllate my wife has become more cruel and even started physical assault on my family members.

Kindly advise whether I can lodge an FIR against her with the police at this stage.

Regards

Reply Follow

14 Replies

sankar P (supervisor) 09 July 2014

Try to collect some Evidence through your family members , live video, audio recordings,

it will more helpful to you,

Best Regards,

Shankar.

MANKU (EXECUTIVE) 09 July 2014

Dear Sankar P,

Thanks. Her main intention is to chase away my family members and occupy the house In case of assault on my family members will it be ok for us to go to police at this time of awaiting the judgement.

Regards

Nirav Gandhi (Sr.Officer) 09 July 2014

Dear Expert, I am also suffering from same problem kindly give us your valuable reply if my wife stayed with me then can I file divorce under section 13 1 ia , and any other section applicable in divorce case Rgd Nirav

Nirav Gandhi (Sr.Officer) 09 July 2014

How much time court will take decisionk if we submit proof of evidence written as well as recording

Nirav Gandhi (Sr.Officer) 09 July 2014

How much time court will take decisionk if we submit proof of evidence written as well as recording

Adv Archana Deshmukh (Practicing Advocate) 09 July 2014

@ MANKU You are not residing with her, so instead of you, it will be advisable that your family members who are actually harassed by your wife, takes appropriate legal action against her.

Adv Archana Deshmukh (Practicing Advocate) 09 July 2014

@ Nirav Gandhi, You can file even if your wife is residing with you, but the case should be drafted very carefully and properly otherwise your case on charges of cruelty may not stand. What sections should be applied depends upon overall facts of the case.

sankar P (supervisor) 09 July 2014

Well Said Madam...

Mango (Consultant) 09 July 2014

Dear Manku,

I am not too sure if you have ever heard about the word "Trepassing". If she has been abusive and if there is no court order to let her in your house (which I believe would not be the case) then sing "IPC Section - 411" song on her ear! Put two boards on the gate

a. "No Trespassing" and

b. "Beware From Dear Wife"

IPC Section - 441

Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Mango

MANKU (EXECUTIVE) 10 July 2014

Thanks Archana Madam,

Thanks for your reply. We have been tolerating her atrocities even when the case is sub judice only because if we lodge an FIR against her they could use this as a plea as the Judgement is due to be passed. But now her atrocities have now crossed all limits . Will lodging an FIR have an adverse effect ?

Kindly advise

Regards

MANKU (EXECUTIVE) 10 July 2014

Dear mango,

Thanks for the info

Regards.

Nirav Gandhi (Sr.Officer) 10 July 2014

Archana Madam, I am thankful toyou for your valuable reply My wife written mail that "agar,maine jis din ashanti felai us din me ghar chali jaungi. Also I have recording that me police me FIR KARUNGI AUR TUMHE OR TUMAHARE PARENT KO JAIL ME DALVAUNGIAND POLIC KO PAISA DEKE DANDE KHILVAUNGI, Me TUMAARI OFFICE AAKAR DHAMAL KARUNGI, ME TUMHE TUMHARE PARENT SE ITNA DUR KAR DUNGI KI TUMHARE PARENT KI DEATH ME BHI TUM JA NAHI SAKONGE. parent mere satha rahete nahi hai hum 2yrs se seperet rahete hai mere father mother kabhi mere ghar aaye bhai nahi hai. Kindly need your input for strong my case mere pass aur bhi recording hai rgd, Nirav

Nirav Gandhi (Sr.Officer) 10 July 2014

Archana Madam, could u pls add me in lawyerclubindia as frnd therfor iwi will provide u more recording for your reference and give me ur opinion and sugest me more section for steong case

Ashutosh Arun Sakpal (Chief Security Officer) 10 July 2014

I am doing job as a manager and I am in a relationship with one of the girl, but she's age is running 17 however, I will marry with her after completing she's age 18 years and she's parents are supporting her so can it possible to I am staying with her?

Thanking you,

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