• My wife and her mother along with siblings planned to cause trouble me and my old age parents

My wife, who is 46 years old, along with her mother and siblings, intends to enter my rented house and cause disruption to complain about me for doing domestic violence in front of my elderly, sick parents. We got a love marriage 11 years back. In reality, my wife is not ready to have a child and is merely seeking a divorce to enable her to work and provide financial support for her mother and her three unmarried siblings (two sisters and one brother) who are all over 45 years old. These siblings have been unemployed and are not even considering marriage. My mother, who has a heart condition and is quite elderly, is one of my family members. I want to shield my parents from these issues, and I guess they will threaten me with a domestic violence case on the basis of a domestic harassment case on my own, as I can no longer afford to sponsor my in-laws' house nearly. Please, any suggestions? So I can defend myself strongly alone.
Asked 4 days ago in Family Law
Religion: Christian

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

There's no obligation on you to take care or maintain your in laws or their extended family members. 

You can stop their entry into your home forcibly, if they become physical you may lodge a criminal complaint for trespassing your house. 

If your wife's behavior is intolerable and she has made your life miserable then you can file a divorce case on the grounds of cruelty. 

If she is filing any false case you can challenge them on merits properly instead of getting scared without taking any further steps. 

T Kalaiselvan
Advocate, Vellore
87527 Answers
2349 Consultations

Send your parents to senior citizen home temporarily 

 

2) shift to one bedroom flat 

 

3) install cctv cameras in the living room of house 

Ajay Sethi
Advocate, Mumbai
97329 Answers
7862 Consultations

If your wish want divorce then you cannot force her to live with you. It is best that you discuss the matter with wife and opt for divorce by mutual consent. Being wife, your wife has every right to live with you in her matrimonial house and if you are in rented house then being she has every right to join you, however, you can refuse to permit entry of her siblings and her mother. Though your parents can adopt few precautionary measures like filing complaint against your wife if she harass them, living separate etc. but that would not be of any permanent solution or help to you. 

Siddharth Srivastava
Advocate, Delhi
1438 Answers

From you question it seems that you are living separate from wife. A wife has right  to enter residential house of husband where he resides.  But you can prevent her relatives. There is no preventive vaccine against criminal prosecution. If she filed DV case, you have to defend it on merits.

Ravi Shinde
Advocate, Hyderabad
4317 Answers
42 Consultations

1. Prevent Unwanted Entry


  • Restrict Entry to Your Home: If your wife and her family attempt to enter your rented house to cause disruption, you have the right to prevent unauthorized entry. Inform your landlord and request their support in enforcing tenancy rights.

  • Police Assistance: Call the police immediately if they forcibly attempt to enter or cause disturbances. File a General Diary (GD) entry or a complaint documenting such incidents to safeguard yourself and your family.

2. Legal Protection from False Domestic Violence Cases


  • Pre-Emptive Complaint: File a General Complaint at the local police station, stating that your wife and her family are attempting to falsely implicate you in domestic violence and harassment cases. Clearly mention your elderly parents' condition to preemptively counter any false allegations.

  • Anticipatory Bail: Consult a lawyer to file for anticipatory bail if you suspect that a domestic violence or harassment case (Section 498A IPC) may be filed against you.

3. Responding to Domestic Violence Cases


  • Evidence Collection: Collect and preserve evidence, such as text messages, emails, or witnesses, proving that your wife’s claims are false.

  • Medical Records of Parents: Keep your parents' medical records handy to show that they are frail and unable to engage in any form of harassment or violence.

  • Proof of Financial Burden: Gather records (bank statements, transaction details, etc.) that show how you've been financially supporting your wife and her family.

4. Protecting Your Parents


  • Stay Orders or Injunctions: You may file a civil suit seeking an injunction to prevent your wife and her family from entering your rented premises or harassing your parents.

  • Separate Residence for Parents: If possible, arrange a temporary alternative residence for your parents to shield them from potential disturbances.

5. Divorce and Maintenance

  • If your wife is not willing to continue the marriage:


    • Mutual Divorce: Discuss the possibility of a mutual consent divorce to settle the matter amicably.

    • Contested Divorce: File for divorce on grounds such as cruelty or desertion under the Hindu Marriage Act.

    • Maintenance: If your wife demands maintenance, the court will consider your financial condition and liabilities before deciding the amount.

6. Legal Assistance

Engage an experienced family law advocate to:

  • Draft a detailed preemptive complaint and legal notices.
  • Represent you in case of legal disputes.
  • Assist with anticipatory bail, if needed.

Key Suggestions

  • Avoid engaging in verbal or physical altercations, as it may strengthen false claims.
  • Maintain clear communication with your lawyer and document every incident for legal use.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
392 Answers

You can file a police complaint against them if they are taking law into their own hands. The best way will be filing a complaint under senior citizens act and taking injunction from tribunal against your wife and her relatives to enter the house of your parents 

Prashant Nayak
Advocate, Mumbai
32737 Answers
209 Consultations

There is no no way by which a false can be stopped from getting filed.

However if the threats are real then you can document the threats by recordings and contests the cases , if filed, on merit. 

Devajyoti Barman
Advocate, Kolkata
23299 Answers
520 Consultations

1) As of now, stick to your own words and be by your parent's side. 

2) Don't talk with your spouse, or do not mess with her on any topic that will take it to domestic violence.

3) Kindly file NC in the police station before they file a DM case against you.

 

Ganesh Kadam
Advocate, Pune
12997 Answers
263 Consultations

- As per law, your wife have residential right from you  under the provision of DV Act, but not from your parents. 

- You can deny to her to live with your parents legally

Mohammed Shahzad
Advocate, Delhi
14706 Answers
224 Consultations

  1. You do have a strong defence. However, you do require an advocate to defend yourself appropriately before the magistrate, as and when the dv petition is presented by your wife. 
  2. You must also instruct your advocate to file approppriate petitions before the family court for approppriate matrimonial remedies. Your matrimonial dispute is I'm the root of all your dv and other troubles. If you don't seek matrimonial remedies from the family court, your counsel may defeat the dv petition but your wife will keep on turning up before courts filing sone petition or other to harass you. Hence, seeking matrimonial remedies gets imperative. 
  3. I'm willing to handle your matter in its entirety, including all the litigations. However I require an exhaustive consultation session with you first, to advice you how to go about it in sufficient details. You need to visit me for such exhaustive consultation. 
  4. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1585 Answers
5 Consultations

To defend yourself effectively and protect your parents from undue harassment, consider the following legal and practical steps:

Legal Safeguards:

  1. File a Complaint:

    • File a written complaint with your local police station detailing the situation, including threats of domestic violence allegations and potential harassment. Attach evidence, if available, such as messages or witnesses' statements.
    • Request the police to issue a preventive action notice under Section 149 of CrPC to avoid any disturbance.

  2. Protection for Your Parents:

    • Apply for a Restraining Order or Injunction in the civil court to prevent your wife and her family from entering your rented house or causing disturbances.
    • Highlight the medical condition of your elderly parents and their need for a peaceful environment.

  3. Domestic Violence Protection:

  4. Prepare Evidence:

    • Collect and preserve any documents, audio recordings, or witness accounts that can disprove allegations of domestic violence or financial abuse.
    • Maintain proof of your wife's refusal to have children and any financial transactions or records showing support provided to her family.

  5. Divorce or Legal Separation:

    • If reconciliation seems impossible, consider filing for divorce on grounds of mental cruelty and desertion. Courts usually consider long-term refusal to have children and financial exploitation as valid grounds.

Practical Measures:

  1. Secure Your Home:

    • Change the locks to your rented house and inform your landlord about the situation to prevent unauthorized entry.
    • Install CCTV cameras to record any disturbances or attempts to enter your home.

  2. Medical Care for Your Parents:

    • Ensure that your parents have access to proper medical care and inform their doctors about the stress they are experiencing.

  3. Financial Independence:

    • Stop financial support to your wife’s family unless directed by a court order. Any voluntary support without legal obligation could weaken your case.

  4. Legal Representation:

    • Hire an experienced family lawyer who can provide strong representation and protect your interests in court.

Key Points to Remember:

  • Courts take the elderly and sick individuals' welfare into consideration, so emphasize your parents' condition.
  • False domestic violence allegations can be countered effectively with proper evidence.
  • Focus on maintaining dignity and presenting a factual and calm narrative in all legal and personal interactions.

Taking these steps can help you shield yourself and your parents from harassment while building a strong defense against any false claims.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
116 Answers

Dear Client,

To protect yourself and your elderly parents from harassment and false allegations by your wife and her family, you should take immediate legal steps. File a police complaint to document their threats and potential misuse of the Domestic Violence Act, and secure an injunction or restraining order from the court to prevent them from entering your rented house. Collect and preserve evidence such as messages or calls to strengthen your defense. Consult a lawyer to apply for anticipatory bail to avoid arrest if they file a false case under Section 84 of Bhartiya Nyaya Sanhita, 2023. Notify your landlord about the situation to preempt any issues. If reconciliation is not possible, consider filing for divorce on grounds like mental cruelty or irretrievable breakdown of the marriage. Engaging an experienced family lawyer will help you navigate these actions effectively and ensure your rights and those of your parents are protected. Let me know if further assistance is needed.

Anik Miu
Advocate, Bangalore
10316 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer