My friend (the husband) got married in June 2021 and was blessed with a baby boy in December 2022. Since the child’s birth, his wife has been continuously subjecting both him and his widowed mother to verbal and emotional abuse. She frequently uses abusive language and has been insisting that her husband send his mother away to live with his elder brother in another city. She has even told her mother-in-law directly that she does not wish to live with her anymore.
What’s more concerning is that she has been physically punishing their 5-year-old son merely for talking to his grandmother. She has also attempted suicide twice — once in May 2024 and again in June 2025 — and has repeatedly threatened to file false cases of dowry harassment and domestic violence against the husband and his family.
We are looking for legal guidance on how to deal with this situation, particularly:
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How can the husband and his mother protect themselves from false allegations?
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What legal remedies are available to ensure the safety and custody of the child?
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What steps can be taken to handle the matter emotionally and lawfully, without escalation?
Any advice or direction on the appropriate course of action would be greatly appreciated.
Based on the circumstances described, your friend is facing a serious and distressing situation involving domestic harassment, false threats, and risks to both his minor child and widowed mother. His wife’s conduct — including verbal and emotional abuse, physical punishment of their child, repeated suicide attempts, and threats of false criminal cases — clearly amounts to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and warrants immediate and well-documented legal action.
To begin with, documentation and preventive steps are critical. The husband and his mother should maintain a written record of every incident of abuse or threat, including dates, details, and names of witnesses. Wherever possible, preserve audio/video recordings, messages, and photographs of relevant evidence. Each major incident — particularly those involving suicide threats, violence, or harm to the child — should be reported to the local police station through brief written complaints to ensure a formal record exists. Installing CCTV cameras at home is strongly advised for both safety and evidence.
1. Protection from False Allegations
To guard against possible false complaints of dowry or domestic violence, your friend may file a preventive petition under Sections 107/151 of the CrPC, seeking protection against breach of peace and false implication. In the event any such case is filed, he should immediately apply for anticipatory bail under Section 438 CrPC. Complaints can also be filed under Section 506 IPC (criminal intimidation) and Section 211 IPC if she attempts to falsely implicate him or his mother.
2. Safety and Custody of the Child
Given the history of physical punishment and emotional abuse, the husband should seek custody of the minor child under Section 25 of the Guardians and Wards Act, 1890, and Section 6 of the Hindu Minority and Guardianship Act, 1956. If he can prove that the mother’s conduct endangers the child’s safety, the court may grant exclusive custody or supervised visitation rights for the mother. It is also advisable to file a complaint before the District Child Welfare Committee (CWC) or Childline 1098, which can intervene immediately if the child is at risk.
3. Protection and Rights of the Elderly Mother
The widowed mother can seek protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. If she owns the house, she may also request the eviction of the daughter-in-law through the local Maintenance Tribunal. Alternatively, she may file a Domestic Violence case under the Protection of Women from Domestic Violence Act, 2005, seeking protection and residence orders against further harassment.
4. Addressing Suicide Attempts and Mental Health Issues
Given that the wife has reportedly attempted suicide twice (May 2024 and June 2025) and continues to make such threats, the husband should immediately inform the local police after each incident to create a contemporaneous record. He may also request a court-directed psychiatric evaluation under the Mental Healthcare Act, 2017 to assess her mental stability and ensure proper treatment. This will also serve as evidence if legal proceedings follow.
5. Legal Remedies and Divorce
If reconciliation is no longer possible, the husband may file for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The cumulative record of mental abuse, physical cruelty to the child, and threats of suicide or false implication will substantiate his case. During the divorce proceedings, he can also seek a restraining order to have the wife removed from the matrimonial home if her presence poses a threat.
6. Emotional and Practical Guidance
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Avoid direct confrontations or arguments; communicate in writing where possible.
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Ensure that the child receives emotional support from the father and grandmother.
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Consider family or psychological counseling only if it can be done safely and under professional supervision.
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In emergencies, call the police immediately and involve neighbors or relatives as witnesses.
7. Immediate Priorities
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Secure all evidence of abuse and threats.
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Report incidents promptly to police and child welfare authorities.
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Seek custody and protection orders for the child.
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Protect the elderly mother under the Senior Citizens Act.
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Prepare a legal defense and apply for anticipatory bail if needed.
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Consult an experienced family law advocate to initiate appropriate proceedings.
By following these steps, your friend can protect himself, his mother, and his son from further harm while ensuring that their rights and safety are legally safeguarded. Early and proactive legal intervention, coupled with proper documentation, will be crucial in securing justice and long-term stability for the family.