Issue with Wife and her Family

Dear Client,
In the given scenario, you may consider the following steps to resolve the crisis – 1) if you are well equipped with the evidence of mental/physical harassment and criminal intimidation, then you can file a complaint or FIR against your unruly and abusive wife and her family at the local police station. 2) You can file a private complaint of harassment against your errant and abusive father in the court of the Judicial Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the Magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the Magistrate. If the Magistrate finds sufficient grounds for proceeding with the complaint, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. 3) considering the complexity of your case and life threatening situation, you can file a petition praying for a protective order before the City Civil Court or District Court. A Protective Order is a civil court order that is designed to stop violent and harassing behavior and to protect you from the abuser whose attitude or behavior appears to be life-threatening. There are two types of Protective Orders available for you. 1. Emergency Order of Protection (Ex Parte Emergency Order of Protection) - The Petition for Protective Order must clearly show that an act of abuse or threat has occurred. 2. Regular Order of Protection (Non-emergency). There are no fees for filing a petition for a Protective Order. You do not need an Advocate to file for a Protective Order. However, if you wish, you can hire an Advocate to represent you suitably before the Court to obtain a protective order. At the Show Cause hearing, you have to show and prove by adducing substantial evidence why you need the Protective Order. 4) Finally, you may consider for divorce or judicial separation on the ground of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce. The party seeking divorce can submit audio, video, or written evidence to prove his or her claim. . If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition praying for a decree of divorce. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.