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Matrimonial issue - Wife harassing and abusing husband and in-laws
10-Aug-2023 (In Divorce Law)
Wife harassing and abusing husband and in-laws for long and her parents are now supporting her and blaming us. My wife is not working and we have a daughter and she has now started saying she will commit suicide and blame me and my family. She is always abusing my mother and does not allow my child to come to me or my parents. I had asked her to go on rented flat but she refused and is forcing my mother to sell the house. My mother has refused and asked to leave but she has refused too......what steps can i take to safeguard my parents and my elder brother as we have a Joint Family . What kind of complaints can i file with Police or in court & how can i proceed for getting separated from my wife (Divorce)....Please help and guide me ....its urgent.
Hi,it is advisable that your mother should file a formal complaint against your wife at the police station for threatening and violence..Incase ,your wife files a false complaint in future your parents shall be safe from legal hassles
Helpful?
Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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sir lots of things you can do to safeguards yourself and your family for that we need to understand what are the detailed facts and what are the exact relief you are looking for. you can lodge a complaint against her wife in police simultaneously you can file a divorce petition in court. if you want a detailed discussion you can contact me.
Helpful?
Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery (Whatsapp pics) but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery (Whatsapp pics) but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
Helpful?
Adv. Suneel Moudgil
Panipat | 200+ Answers
CONTACT NOW
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.
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