Anil Kumar (IT Professional) 31 October 2011

Want divorce due to mother-in-law interferance

Please advise me on this scenario, my wife is away from me for the last 3 months by her own choice due to indian customs (Sawan/Teej Festival). The days passes she had no intimation or ask me to come home back even she talked me three time in between the time period. Now her relatives and her mother (my mother-in-law) threaten me and my family to file a false 498a and Domestic Violence and other cases in UP (she belongs to UP, Allahabad). As I am a resident of Delhi.

Our marriage has taken place in Allahabad and reception in Delhi. After that she was living with us in Delhi.

There were no issues of any dowry or any other problem from our side. My Mother-in-Law is Govt. employee and widow. She had two daughters other than my wife (wife is eldest one) in which youngest one is ready for marriage next. Although my mother-in-law is dominating type nature and try to rule on me and create problems by her interference in my marital life. My Mother-in-law threatens me directly on phone. My Mother-in-law involvement/interference now increasing day by day and she was very aggressive on me and my father. She is just trying to take personal revenge with me and my family of which I really don’t know what is the real problem with her.

Now keeping all in mind, there is no crime or any type of mentally or physically torture taken place at any where either in Delhi or UP, it is just fake case they are trying to make from UP with the help of some relative who are from Political Background (One is MLA and financial sound another one is MP) as well as one of her relative in Indian Judicial System (Judge in session court).

Please advice, how I can save my family and me. How I can prove myself innocent in UP or Delhi, or if they file a case from UP then how can I shift the fake case to Delhi (on which ground). Can in this stage I filed counter case on her? How I can protect my family from police arrest that would be happen at any time. (In fact no case registers till date but expected shortly). Can I file for divorce in advance before her preceding for further fake case on me n torture my whole family?

Please advise me genuinely what I should do. I m very upset now. Even my working efficiency loose day by day due to this mentally torture as I m in creative field.

Yours suggestions are most welcomed n helpful to save me n my family.

Thanks

Reply Follow

17 Replies

Sanjeev (Lawyer) 31 October 2011

1) If the case is filed in UP it cannot be transferred to Delhi

2) In UP there is no Anticipatory Bail provisions so once FIR is registered you can be arrested.

3) Keep a track to check if any complaint has been filed in the police station of the area where your wife resides. As if registered you can be arrested.

4) You can seek stay of arrest from Allahabad High court after the FIR is registered. Allahabad HC will transfer the case to mediation and grant directions to lower court to grant interim bail.

Avnish Kaur (Consultant) 01 November 2011

TRY cooling off things , if her threats are really fake dont forgive her at any cost.

record all her threats on ur mobile nad keep memory card in safe custody.

never forgive anyone who threatens to file fake 498a , avenge it.

**Victim** (job) 01 November 2011

Originally posted by :LOLITAONLINE
"	Judiciary is useless. Go to jail ,eat free food and make friends with a hardened criminal and convince him of the injustice and he'll ensure that at least he gets bones broken from Jail. Hardened Criminals only sign the attendence register and use jails as an alibi for committing crimes outside share of which goes to jailors and politicians. u wont get anticipatory bail.	"

Should i call you lolita or lollipop if you don't know how to help people don't comment on their thread. Here author is expressing his problem and what you are doing is just making things harder for him.

1 Like

(Guest)

Dear Victim,

You are simply making things worse for yourself. Why are you scared when you have not committed any offence. Do we understand that you want to get anticipatory bail on a threat? Try getting one ,judge will call for police records ,examine them and then decide what to do. If I am wrong then everyone can't be right.. Where there's no problem as yet you are creating one for yourself. You are putting words in their mouth. People are scared of Bold people but you are exposing your weakness and meekness on the basis of threats. She must be foolish to make threats but getting them inoked could be a very painful process. She can always say that she was joking and testing your mental stamina. Anyway I am not a lawyer, enage one if you are so scared. I use common sense and revenge is never a solution. I used my name as LOLITA for a certain purpose. You have called me an unknown person LOLIPOP. I just wonder the music your wife which she must be facing from you.

**Victim** (job) 01 November 2011

Originally posted by :LOLITAONLINE
"	Dear Victim, You are simply making things worse for yourself. Why are you scared when you have not committed any offence. Do we understand that you want to get anticipatory bail on a threat? Try getting one ,judge will call for police records ,examine them and then decide what to do. If I am wrong then everyone can't be right.. Where there's no problem as yet you are creating one for yourself. You are putting words in their mouth. People are scared of Bold people but you are exposing your weakness and meekness on the basis of threats. She must be foolish to make threats but getting them inoked could be a very painful process. She can always say that she was joking and testing your mental stamina. Anyway I am not a lawyer, enage one if you are so scared. I use common sense and revenge is never a solution. I used my name as LOLITA for a certain purpose. You have called me an unknown person LOLIPOP. I just wonder the music your wife which she must be facing from you.	"

LOITA i welcome your thoughts in second thread although the prior one was off the track and it was definately not appropriate for author to do so therefore i mentioned that it's not going correct. I am not a lawyer either but i am used to the comments posted by experts and yours was a bit awkward to me nothing personal against you but welcome to LCI and feel free to share your thoughts.......

(Guest)

Its quite obvious that the Author's wife has a love affair and she wants to get rid off him by hook or crook.

Raj Vikram Singh (Software Engg) 01 November 2011

@LOLITA,

On which grounds you are making allegation on author's wife? There is nothing obvious in this. There could be many other reasons for her to do so. In such a time, assumptions and doubt about someone character should be avoided unless you are 100% sure(with proofs). These are serious discussions forums and advice should be given appropriately

@Author

Please try to talk directly with your wife. Don't think of filing divorce

Feel free to send PM with your number to discuss with me further

Regards

Raj Vikram

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 November 2011

Dear anil

first of all if you want to live with your wife then file a RCR in delhi, which shows your intention.

if any case filed against you in UP then no need to worry you mentined all th real facts in your RCR case. and in Allahabad HC you can file quashing petition for fake cases.

no need to worry feel free to call

Adv. Chandrasekhar (Advocate) 01 November 2011

u didnt say how long your wife lived with you.

In the younger generation what is missing is the "art of tact". The boy does not know how to influence his own wife who stayed with him for a considerable long time in matrimonial relationship and just staying away for 3 months only allowing her mother to threaten him with criminal cases. What is the role of wife? Why she is not siding with her husband? Why she is going along with her mother instead of with her husband?

Next, how to blunt the mother-in-law, who is so sharpened and threatening him with cases? Is there any technique to turn the agressive MIL into tamed mother? Yes, there are. That technique is called "Mithi Churi". Delhites are known for this tactic. Why u missed this? Learn it right now. All your problems go away.

I have not got an iota of doubt your MIL is very agressive towards you and towards the society. She is a govt. employee and is a widow having three daughters. She fought all along her life against the entire world to get the minimum requirements to lead a secured life. Being a widow and employee, she might have repulsed several s*xual advances thrust upon her during her employment life. She might have faced innumerable problems to save her three daughters from the vultures of this society. It made her rock solid and there is no soft feeling left within her to survive in this difficult world. She does not know any other way except to be agressive to get things done. Now, it is your turn how to tame her from agressive personality into normal personality to save your marriage life. You calmly think and u get solution. If u face any difficulty, consult psychologist, who can give u very valuable tips for you to achieve this.

Legal solutions, some of my friends suggested above are correct. No anticipatory bail provision is there in UP. If they file criminal cases, you have to approach HC for quash and quash generally does not happen, but the stay against arrest will happen for interim peirod and also mediation will get started.

Wish u good luck.

Addaiya Aejaz Ahmed (student) 01 November 2011

This is almost everywhere I too have heard almost the same story where my friend is complaining that his in laws i.e his wife's parents are interfering and brain washing wife's mind every now and then since he is the only one to send his wife to her parents place so that she can finsh her education smoothly on the other hand he blames his in laws whenever any sort of dispute arises now what can be done...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 November 2011

I don't think filing RCR would be of much benefit, please be in touch with local SIFF members.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

cm jain sir (ccc) 05 November 2011

Pls cosult lawywr to get interstate transit bail from your resident state.

If there is no provision for AB in UP then take stay of arrest from HC UP.

It can be done after filing 498a case only so keep track of your case.

(Guest)

Mother in laws interfere because of Mother Daughter jealousy Syndrome.

(Guest)

my wife is away from me for the last 3 months by her own choice due to indian customs (Sawan/Teej Festival).

no intimation

Now her relatives and her mother (my mother-in-law) threaten me and my family to file a false 498a and Domestic Violence.

this has become a daily episide now... govt. need to ban those mid day serials... saas bahu and bakwaas...

dont worry go for bail dont fear any... if she is a nautanki, better for you... live in peace... they want money dont give her anything... let them get from court...