Dear Sir’s My wife and I are having fights on regular basis, and she is being out of control and making things worse. Though the fights are for silly reasons she is constantly involving my mom who is a sugar patient and also including my brother his wife and elders from relatives with even caring mid nights, and for which if I also involve their people they come to my home and start making nuisance. Though she and everyone knows about my past girl friends before marriage itself she is still blaming me to put a case on me holding those proofs. She constantly gives me return answers in front of elders and during fights uses bad language along with their parents at times of fights. Blames me for no wrongs, and states every one that I don’t love her when she is angry. She doesn’t even care her partents as well as anyone who comes in middle to control the fights and anger. At times even if i say her there is no point of involving parents and elders for our small fights and especially during late nights she is constantly doing that. This has been repeated few times, though as if now certain elders are trying to make us together but I’m pretty sure she will be continuing this in future. I want to take certain precautions in future without informing them (if possible) about all this and take care of my mom’s health so that my wife won’t involve her and any senior elders relatives for the sake of our fights and her rude, angry, and careless behavior.
File for divorce on grounds of mental cruelty
2) wife abusing husband and in laws amounts to mental cruelty
3) wife accusing husband of having extra marital affair amounts to mental cruelty
4) if house is standing in name of parents they should file suit and seek court orders to direct wife to vacate portion of house in her possession
Hello,
I understand the situation that you are in but there is no legal precaution that you can take for future.
Only talk with your wife can help you resolve this issue. If she is not ready to discuss then you may get the marriage disolved.
Regards
See precaution you can take now is you can complaint to senior police officials about regular torture through complaint about her behaviour, also take her to the counsller for anter managment and resolving dispute in marriage.
Night be possible she have any anxiety issue or any issue so that report of pschyologist cousllor may help if any thing goes wrong in future.
I know its difficult but then also keep record of things her behaviour she shouting saying all those things.
The precaution which you should take to protect youself and your family from your wife are that should give a written complaint to the SHO of your area's Police Station stating that your wife threatens you to file frivolous cases against you and your family for reasons onky known to her.
You should also start collecting evidence such as recording wherein your wife threatens you or uses unparliamentry language to you and your family. These evidences can be used in courts later, in order to protect yourself and your family from any future cases, if filed by your wife and can also ease the process to gettinf divorce in grounds on cruetly by wife against you and your parents.
Try to get meeting set with family counselor. Who will guide her that how to behave and importance of marriage life. The counselor will do her counseling and suggest you few things in your life.
1. There is no precaution to be taken to avid facing future litigation. If FIR is registered then you will have to apply for bail which is easily allowed in such type of cases.
2. However since contested divorce takes lot of time it is advisable that you propose her for mutual divorce and if she refuses then only file contested divorce suit.
3. If your wife is unemployed then in spite of her atrocities you will be liable for her maintenance.
What is your question.
Whatever you have mention,are facts only
disown yourself and your wife on behalf of your family. show rent deed of any house that you and your wife are living separately and if circumstances create that she ll file a case against you and your family prior to that file a section 1 petition showing that you nd your wife were living in separate house since long and all other allegations
Dear Sir,
In the above scenario you may apply for divorce on the ground of mental and physical cruelty. The FAQs on this point as answered to my other clients are as follows:
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
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The following are similar FAQs asked by my another client....for your ready reference.
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Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
You may manage to the extent possible to live with her a peaceful married life.
If she continues to troubler and torture you, better think of judicial separation.
Judicial separation is different to that of the divorce case.
If things do not improve even after judicial separation, you may decide to divorce her, choice is yours.
You can file divorce against her in family court.
Dears As stated earlier things are still not working out, elder & mutual family members have counseled both of us in many things and suggested her... 1- informed her not to bring any past before marriage affairs of husband on every now and then fights as it would lead mental torture, but she keeps on repeating things for every fights. 2- she is never respecting my mother and family, certain times she don’t even respect her parents when they come to settle fight at home. But their parents though knowing about her they still trying to blame me for all the fights and state that I don’t love her and showing unsatisfactory. 3- no matter how many times at fights for any reason I inform her make your voice low & respect my neighborhood she just uses bad language & shouts I don’t care about your neighbors and I will curse you & your family will get destroyed. 4- I have been trying to take evidence about her behaviors thru voice recordings for secure my parents Incase of future safe and somehow she got to know I’m doing this. Since then she and her brother and family are accusing me why I’m doing so, and in certain fights she is behaving take recordings of my nude also & she removed her T-shirt in front of my mom. My mom is sugar and bp patient she is feeling so much sad as not used to this and getting depressed a lot. 5- After every fights she and family brings past girlfriend proofs and threatens me of if filed case I would be prisoned. If about past she knows everything before marriage and after marriage including my brothers and parents scolded me for cut off all relationships and be a matured family man. Which I’m following from day I got married. I’m no where involved even as a pin with any past since marriage. But this torture is killing me any small house fights between couples. 6- I’m jobless from few months even I suggested her will live in rent home separately the moment I get job till then let’s be with my parents. But till then also she is making issues
File for divorce on grounds of mental cruelty
2) your affairs before marriage are immaterial
3) it is to stay separate in rented flat
4) it would insulate your parents to some extent in case false case is filed against them for dowry harassment
In such circumstances it is better to part away with a divorce you can ask her for mutual divorce if she does not agree then file a divorce on ground of cruelty stay separately from her.
Further there can be no charge or acquisitions on you based on past affairs before marriage.
Also she can file false case of domestic violence and dowry on you and family so you should be in position to defend them gather some proof such as nothing was demanded in marriage marriage expenses.Further the burden will on her to prove if she files any false case you persue your divorce case and get a divorce.
If the tortures are beyond tolerance you may make a call about your marriage.
You can discuss with a lawyer and take a decision that will bring relief and solutions to this persistent problem.
If you feel you don't want to continue this marriage, you can file for divorce on grounds of cruelty against husband and in-laws.
you can do so under section 13 1 (a) of the Hindu Marriage Act . You will need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .