Wife's parents physically abused us at home. How to safeguard ourself?
My in-laws entered my home last night and abused me and my family both verbally and physically. This happened post my wife started shouting in the street last evening saying we have thrown her out of the home, whereas we did not say anything to her.
We have been married for 2 years now and have been having minor arguments but things took really ugly shape last evening.
What should I do not to safeguard myself and my family before my wife and her family make things more difficult for us?
We feel that as the first option, you should discuss the whole issue in detail with your wife and try to settle the matter amicably at the moment. However, if you feel that the things are out of hand and an amicable discussion leading to peace and harmony at home cannot be arrived at this point of time, then you can file an FIR against your wife and your in-laws for assault and use of criminal force under the Indian Penal Code.
This answers your question as to what needs to be done currently to ensure your wife and her family do not make things more difficult for you and your family.
While the above suggested options may give you temporary relief against the attitude and action of your wife and her family, you might want to look at other option to ensure your and your family's interests are protected and you lead a harmonious life ahead. We would need more details with respect to the background and history of your marriage so far, to ascertain and advise corrective action accordingly.
If you feel and are certain that the attitude of your wife cannot be improved by discussions or professional counselling, the recourse available to you is to file for a Divorce petition. You may either file for Mutual Divorce if your wife consents for it or may file for a petition for Divorce under any of the grounds available under Section 13 of the Hindu Marriage Act, 1955.
Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:
Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.
The most likely ground based on the facts shared by you will be Cruelty, Section 13(1) (ia) which accounts for mental cruelty as well. We can suggest precise course of action once we discuss the issues faced by you in detail.
Please also note that in case you file a complaint witht the Police against your wife and her family for the physical and verbal abuse you and your family were subjected to, it would support your Divorce petition in case you decide to go ahead with the same accordingly.
Lastly, another legal recourse for the unnecessary and uncalled for shouting by your wife in the street, you may file case for criminal defamation under Section 499 of the Indian Penal Code against your wife for shouting on the streets and lowering your reputation. However, please note that this action will only damage your relation with your wife further and may be initiated if all amicable methods of restoring peace and harmony have exhausted.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Procedure to transfer property in wife's name after husband
- Can I claim property rights after Divorce from my husband?
- Can sister have rights on ancestral property
- How can i recover friendly loan given to a friend.
- Petition dismissed by SC how to file for review petition