My name is Pritam Guha (age 31yrs) and I am legally married husband of Smt. Ruby Sarkar (age 30 yrs) with whom my marriage was solemnized according to Hindu rites. Within a few days of marriage my wife started to misbehave with me and my mother in each and every trifling issue. She raised her voice, used abusive language to my mother and if I tried to cool her down, she did not spare me also. The situation became so worse that she forced my mother to eat separately in the same flat within 10 days of the marriage. On 26/5/2020 in the morning during a verbal fight she asked her to go out of the flat once again and she assaulted her with fists and blows and when I went out for help. She drove me and my mother outside the flat and told me to come back only after keeping me in any old age home. We took shelter in our relative’s house and she started to threaten my me over phone to destroy the entire household articles. And the very next day she started destroying household articles.On 30th May 2020, she apologized to my mother via whatsapp for her misdeeds and provided a written apology letter as well. I and my mother returned to our home on 31st May 2020. Again, on 16th July 2020, she started her aggressive behavior from the afternoon itself. And at about 8pm I had to go to his friends’ place to avoid the fight. As soon as I left home, my wife locked my mother up in my mother’s room once again. She did not open the door whole night. My mother could not eat or drink anything. She did not even open the door when my mother requested to go to toiletNext day when I came home in the morning at about 8am, she refused to open the door. She refused to unlock my mother as well. Then I had to take help from Police. When police came at about 11.30am, my wife opened my mother’s room’s door and went inside her own room and locked it from inside. Police tried to talk with her and requested her to come out. She did not respond and did not come out of the room. After that, me and my mother moved out of the flat and came to our relative’s place. She tried to defame me falsely by alleging me in social media and also threatened me over whatsapp chat messages. She has driven us out of our own flat by torturing us inhumanly. And she still is defaming me by spreading lies in facebook. She also demanded electricity bill cost and her regular grocery cost from me. I have not replied anything to her since I left home. For your information, she is a working woman. She is working in the same office in which I also work. I am two years senior to her. We work in different projects. She has her own flat in Kolkata. Her family (her mother and sister) resides at Jamshedpur. They have not called me since I left home. I have contacted a lawyer and he has asked my mother to file a domestic violence case against my wife. The lawyer has also advised me not to entertain my wife’s messages and ignore all her monetary demands. I am seeking here an expert second opinion on my situation.
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Your mother Should file DV case against your wufe seek protection order, injunction restraining her from disturbing her possession of house
2) file for divorce on expiry of one year of marriage
3) you can also file complaint of criminal defamation against your wife under section 500 of IPC for maligning your reputation
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, as per Supreme Court , if wife is working and is in a better financial position , then the husband who is having burden over his shoulder , then it is unnecessary to pay any maintenance to the wife,
- Further , wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances,
- Since, you mother has filed a complaint under the provision of D.V.Act , then you should also lodge a complaint against her harassment before the police and higher official after narrating the facts , and thereby mention that she is threatening you and your family in false cases .
- Further you can also file divorce petition on the above mentioned grounds.
Should I be paying electricity bill, grocery cost and maintenance cost when I am not staying at my home currently?
- As per law, she is having her residential right from her husband , hence you can pay the same with the proof of payment from your account.
- However, since she is a working lady , then you are not bound to pay the same legally.
Your wife is highly qualified and working
you don’t have to pay her maintenance and other bills
Don't pay anything.
File a DV case against her.
Also ask your mother to file a complaint against her under the protection of senior citizens and parents act.
You file divorce
I am confident to give you first hand advice on expert reasons which are as follows:-
1- Please take your mother into confidence and take her to Maintenance Tribunal specially set up for Senior Citizens under the maintenance of Senior Citizens and Parents Act 2007 applying for protections from your dangerous wife to stop domestic violence against your mother and you.
You may also make a prayers through your mother to throw out your wife the house and take the peaceful possession from her.
Your mother may also seek INR 10,000.00 P M from your working wife which is allowed under the law.
You have to take your mother to Maintenance Tribunal in Kolkata for an early and speedy result from the unwanted and cruel violence from your wife through the order from the Maintenance Tribunal.
Yes file a harassment case through your mother but proper homework should be done before filing a case
No but you need to pay the amount decided by the court to your wife apart from that you are not bound to pay anything
You can file a suit for seeking divorce from your wife in case she is mentally harassing you and your family and you think that you can't continue the relationship any further. As it is this is a valid ground for obtaining divorce.
if your wife is working then no need to pay maintenance.
1. Your mother should file a DV case in this scenario against her daughter-in-law.
2. You are free to file for divorce if marriage has attained a year.
3. You may stop paying the bills if you are not residing there.
On whose name the matrimonial house is whether its self owned, inherited or rented. If is self owned or inherited then you mother can file case against your wife under senior citizen act if hes is above 60 years old. and your wife has to leave the house or either obey to your mother.
Well you seem to be grossly misled.
Your circumstances are not so grave and hence don't worsen it by getting cases filed by your mother.
You will have to take dual strategy of saving yourself as well as having a offensive stance.
So filing of RCR suit is better option by all means.
Feel free to connect.
For the present your mother can file a domestic violence case and also a criminal complaint for assault and violent activities against her.
You can follow the advise and instructions rendered by your lawyer in this regard.
Any legal action taken by you may backfire and you may suffer more trouble and loss.
You prefer not to pay any amount towards house maintenance, let she pay it or face problems in this regard as per law.
This is one kind of putting pressure on her.
A domestic violence case against her through your mother should be filed immediately. File a divorce case against her for cruelty and abuse.
Be prepared for an fir. Seek anticipatory bail immediately.
You should terminate the lease and move out from the house along with your mother and bag and baggage immediately.
1. Your advocate is absolutely right your mother should file DV case against her daughter in law and demand protection from court.
2. She can also lodge FIR against her for illegal confinement and criminal intimidation.
3. You should ignore her demands and file divorce petition against your wife on ground of mental and physical cruelty.
Yes, it's your duty to payfor her maintenance.
