• My newly wed wife was abusing my mother and I slapped her in anger

It was arranged marriage, its been 6 months and i have not consummated my marriage. whenever i tried to touch her she started crying saying her boyfriend has right to her body not me. my parents were forcing me to stay with her and within time everything will be fine. i traced last 5 calls from her cell phone and found her boyfriend's number, and took away her phone. my father complained this to her mother and while he was talking in phone, my wife hurled abuses on my mother and father.

i could not controlled my anger, and slapped her in face, her tongue got cut and blood came out. now her family members are coming, she said they will physically beat me and then lodge police complaint.

how can i save myself and my family from police now.
Asked 8 years ago in Family Law
Religion: Hindu

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21 Answers

1) deny that you slapped your wife

2) wife abusing in laws amounts to mental cruelty

3) wife refusing to have sex amounts to mental cruelty

4) file for anullment of marriage on grounds of. Fraud

5) wife did not disclose that she had boy friend and did not want to consummate marriage

6) install CCTV cameras in the house . If her family comes to assault you video footage would help you in making out a case against her family members

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Respected sir ....

You have two options firstly convince them not for doing such thing and if they denies you can take ple that she had fall and then in that process she cut her young ...The thing to Be considered what Dr.had mention in MLR ..As per me you can convince them would be better For you ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Please file a police complaint for the cruelty by wife.

Also file a petition in the family court for annulment of the marriage on the ground of cohabitation.

It is better to move first before it is late.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Hello,

No need to worry. What has been done, has been done.

Do not enter into any physical violance now, and as and when her family members come apologise for this and tell them the whole matter and thereupon give a proposal to divide mutually.

We can not stop them from lodging a complaint (if they decide to do so). Try and convince them for not lodging a complaint.

If however complaint is filed then obtain a Anticipatory Bail.

Contact a local lawyer

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Mental cruelty can cause more serious injury than physical harm to married spouse.

They cannot beat you phusically because their lovely daughter is at your mercy. Be courageous. You have done right thing. Any person in your place do the same thing more when she not allowed to touch you when are her legally married husband.

you may go for divorce the relevant observations of SC are as follows:

Spouses owe rights and duties to each otherBegetting children a principal aim of Hindu marriage.

The Supreme Court on Tuesday ruled that non-consummation itself would constitute mental and physical cruelty to a married woman and would be a ground for divorce under the Hindu Marriage Act (HMA) 1955.

The Bench said: ``Under Section 13 (1) (iii) mental disorder as a ground for divorce is only where it is of such a kind and degree that the appellant cannot reasonably be expected to live with the respondent. Where the parties are young and the mental disorder is of such a type that sexual act and procreation are not possible, it may furnish a good ground for nullifying the marriage because begetting children is one of the principal aims of Hindu marriage where "sanskar" is advised for progeny and offspring.''

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Well,if your wife does not accept you as man in her life this marriage is not going to work.

2. Six months is ling enough time for her to move on in life which she has not done so.

In that event it is very uncertain whether she can discharge her usual martial obligations including sharing bed with you in near future.

3. So better ask her for mutual divorce. No child is born and the marriage is also new. So you better get divorce and settle with someone else.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

First of all slapping your wife is not a good thing.

Now legally.

They cannot beat you. If they do file a police complaint against them. You have committed a crime that can be brought under Domestic Violence Act. You will get bail for it easily.

Better would be to apologize in front of your in-laws and give confirmation about not repeating the act in future and also please donot repeat it in future.

Apologize for your Act and if they do any harm to you then file a police complaint.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Non-consummation itself constitute mental and physical cruelty to a married man and is a fit ground for divorce under the Hindu Marriage Act (HMA) 1955. Spouses owe rights and duties to each other and in their relationship they must act reasonably.

You should keep all the proofs of the cruelty done by her , this will help you to resolve the matter in dispute , if she or her family lodge any complaint against you.

Try to reconcile the matter with the help of your relative/her relatives , if not solved and there is chances to implicate you in false cases , then you should give one complaint/information with the police , that she may approach the police official in future.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You and your wife both are involved in the crime.

2. Even if you deny that you slapped your wife, Police not gonna believe your word. I think Police would file FIR against you and arrest you.

3. Get Anticipatory bail.

4. Refusing sex with husband amounts to mental cruelty. So, You can seek for divorce.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

See you need to file a police report regarding the threats.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

1. Assaulting her is a crime for which you are liable to be punished, if your crime is proved.

2. Deny the said accusation leveled by your wife and state that she had fallen while trying to snatch the phone from you after you have detected her conversations with her BF after her marriage.

3. Your mother should lodge a police complaint before in laws arrive and they lodge a police complaint against you.

4. Also keep in mind that confiscating wife's telephone for whatsoever reason is an illegal act on the part of her husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Let them say you first go and file a complaint against them that they are threatening you about the false complain to be filed very soon.

Asked for the divorce the then on the basis of Adultery if you can prove that she had intimates with that boy after marriage.

And file criminal complaint against the boy for adultery if you can prove that he knows the fact of her marriage and still intimated with her.

Any message would work fine in your favour.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Your wife can file a criminal complaint under Section 324 and 498A IPC for causing hurt and harassment. If and when a FIR gets filed then apply for anticipatory bail.

2. You can also file a complaint against them if they have threatened to beat you up.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Apply for anticipatory bail.

If the marriage has not been consummated, approach the Family Court and seek a decree as to nullity of your marriage.

You should not waste time in this marriage if your wife is not intersted in you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Let them give any complaint with the police, you can defend the same in the trial court, first obtain AB if the police is registering a FIR without listening to your version.

You can even file a case before family court seeking annulment of your marriage as the same has not been consummated because she has wilfully refused the conjugal relationship.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Good that you have informed the police about the same.

Do not worry now, if any complaint is lodged then show the copy of the complaint that you have lodged to the concerned police.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) you have already informed Police that wife left house with her father

2) in event any complaint is filed against you by your wife rely upon intimataion given by you to local police station

3) if false dowry harassment case is filed against you apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi

Donot worry about where they went or not, you didn't do anything to them then you absolutely need not to worry about anything.

If they file a missing complaint and includes your name then you should boldly join the investigation and explain your facts to the police. System will help you if you are not guilty of anything.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Hope you have send a latter to your local police complaining about their leaving your house in a hurry leaving their luggage.

2. Also hope that you have Kept the receipted copy of your said complaint which might be of great use later on.

3. If you have not taken the above steps, then do it now to stay safe legally.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

You do not worry about the developments or their complaint.

You may wait for the actions in this regard and then decide what best can be done on this to defend your interests

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If they now make any complaint you will be protected in view of the fact that you have made a complaint in advance.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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