Wife threatening to file false cases against husband

965 votes

Demanding for a separate family from parents comes under harassment towards husband, basing on this you can file a domestic violance case against your brother's wife. Or if you want divorce you can also file divorce case under cruelty

Advocate Murali Mohan Rao LawRato

509 votes

Dear Sir,

Advise your brother to record the threatening of his wife and register an NC with the police. The police may not file FIR based on your NC but you never know the police, if they register an FIR under Section 498A IPC, your brother must get anticipatory bail to avoid arrest and thereafter wait for the police to file charge sheet and then contest the case and show her threatening as evidence at the time of trial along with other evidences if any showing her cruel nature. This will help.

Advocate B. Srikiran LawRato

518 votes

Hi
You should be worrying if and only if you have taken dowry at the time of marriage or that any cruelty or harassment is done to the wife in 498a cases.
In 98% of 498a cases, it is proven that it is a false case and the accused gets acquitted.
So you guys need not really worry about a 498a case except the fact that it is going to be a minor embrassment to your family.
The best way to reduce the problem is to make both parties attend a counselling session and have the counselling proceedings recorded. So these counselling sessions can really be of evidence in case a false complaint is lodged in the police station.

Advocate Rajagopalan LawRato

716 votes

As per recent supreme court and other high court judgments,if the wife demands her husband for separate family arrangement from his parents ,it will amounts to cruelty and seek divorce on this ground. Even threatening for filing cases also amounts to mental cruelty. As such you can file a divorce before your competent family court for divorce under cruelty ground.

Advocate Ram Susarla LawRato

857 votes

Dear Client,
your brother can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by his wife. But the complaint must be issued to concerned Police Station House Officer and copies of the same are to be sent to higher Police Officials like Superintendent of Police, Deputy General of Police, Home Minister, Registrar of High Court etc., Ask him not to fear. Take expert legal advise by engaging expert advocate to deal with the matter.

Advocate Sistla Rama Krishna LawRato