Hello, Me and my wife are going through one of the rough roads in life and having misunderstanding, loss of trust [ mostly due to the no proper communication ], continuous denial of matrimonial duties by her. Even after trying to convince her not to do nagging, she sticks to nagging than to resolve the issue by talking. Things always go worst when i stop responding to her nagging behavior as she gets physical and i lose my temper then by hitting her. I somehow cannot control myself from hitting her once she starts physical fight. I have been waiting not to think of divorce route considering my son. But remembering my childhood and how my life got impacted due to mutual abusive relationship that my parents had, i decided to go with divorce. How are we both going to be impacted if either of us had to file a divorce petition on this grounds. I can tell that i cannot live with her and i need custody of my son as i earn well and can take care of his financial needs. not sure what law talks about this. any guidance is appreciated. What if she threatens me for harming herself if i go with this decision? how will i be impacted?
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Hello,
You can file a case of divorce on he ground of cruelity and not on the ground that you can not live with her.
If she threatens you then file a complaint at the police station with regards to the same.
Welfare of the child is of paramount importance and this will be of prime consideration of the court while deciding the custody.
However, till the age of 6 it will not be possible for you to get the custody.
Regards
i feel that cruelty is from both sides to be honest as she cannot control nagging and raising her hand and i cannot control myself once she starts hitting me. we both end up hurt both mentally and physically. All this is having an impact on my son's life. i know that she would not give divorce as her sisters will not allow her to. How do i proceed myself with this and what are the chances of getting the divorce. at this time i am willing to give all the property to her and get separated instead of we fighting and killing each other. I hope you understand how bad the relationship is as of now.
Yes I understand what you are going through.
As told earlier you can file a divorce on the ground of cruelity and take a ground that you beat her as she instigates you and in defense.
If possible collect some evidence of cruelty before filing a case.
Regards
1)you can file for divorce on grounds of mental cruelty
2) rely upon correspondence exchanged with wife wherein you have complained about her abusive behaviour
3) mention about being assaulted by her when you dont bow down to her demands
4) seek sole custody of your child
5) court would award you visitation rights at least
Firslty, may I give you an advice for not getting late in filing the divorce case from your side as in the law the fisrt complian or legal step is always be appreciated.
Secondly, the moment you file it then she may also contest the same on her grounds.
Thirdly, but at the end, it will be proven that cruelity was there, and she was the one who always instigated you.
Fourthly, child custody may be the question of concern as if she is also working and you then it depends upon the situation of the present.
Fifthly, if only you been working then you may easily get the custody as you are the one who can take care of him well.
Sixthly, but, there are chances that she may file maintenance for herself and child of custody remains with her.
Dear,
You did not mention age of your son, because if he is below 5 years of age, then law
permits mother to take his custody.
I understand what you want to say, but we are bound with law.
File divorce petition on the grounds of mental and physical torture.
Dear Client,
Law supports custody of child to mother. Welfare of child is of paramount importance while deciding custody and in exceptional circumstance custody grants to husband.
If she also willing for divorce than go for mutual divorce. To avoid complications of suicide attempts and threats, procure evidence through spy camera or voice recording etc.
As you are willing to part with all your properties, provides she too gives her consent for separation, discuss the idea of a mutual consent divorce.
In your case, mutual consent divorce appears to be most conducive. Moreover, it is the least cumbersome and most expeditious form of divorce.
The other option for you is to contest a case of divorce against your wife on the ground of mental cruelty.
Most couples fight are over little things, but these kinds of squabbles often mask bigger problems.
You can approach the mediation centre In court of your local jurisdiction.
If the situation is beyond tolerance then you may decide to file a contested divorce on the grounds of cruelty.
You can file a separate case for child custody
You can mention and explain the circumstances prevailing on her side which may-hamper the welfare and future of the child if she is given custody, hence seek the child custody.
There is nothing preventing you from filing the divorce on the grounds of cruelty.
If the situation is intolerable then the option before you is to file a contested divorce case since she would not be agreeing for mutual consent divorce.
You can mention that the situation aggravates every day and the living together becomes a farce and very difficult.
Discuss with your advocate at length and proceed as per the advise received.