Hi, 16 months of my marriage, my wife ( alone child) and her in laws presurising and playing bad politics to make me gharjamai and dog of there door ( wife said) demanded 2 bhk flat and money from me and asked me to leave my parents who are old age and cancer pt, my wife only wants to live with her parents have not seen and cared me anytime even in my bad health,she went for self decided holidays last 2 months no msg or call from any1 from them even my grand mother expired at home we didn't had any fights till now. they have challenged they will destroy me and my family if I don't lives and serve for them. I feel helpless because laws and money all with them. I have served for society and poor ppl for years selflessly need help , pls guide me.
Hello,
Sir lodge a NC in the police station against them, so that in case they decide to file a case, you may go ahead and defend the same.
Also, you may file a divorce on the ground of cruelty.
First send your wife a notice, asking her to live with you.
If she does not come then file a case of divorce on the ground of cruelty.
Regards
Wife cannot coerce you to abandon your old and ailing parents and if she does, she's being cruel to you.
If yoy have decided to come out of this marriage, apply for a divorce on the ground of mental cruelty.
If you are interested in saving this marriage, file a petition for restitution of conjugal rights since she has refused ro cohabit with you and has left you without any just and sufficient cause.
Hi sir, nothing to worry it's good case, as per the decision of Hon'ble Supreme court she cannot make you far from your parents, i can suggest you that send her legal notice to come and join you along with child, you don't agree for any of their conditions..! see if you need any help to draft a legal notice or anything call me i can help you in this case nothing to worry it's good case.
Hi sir, as per your feedback i am answering to your case... you can proceed to the court by way of cruelty and desertion as per Hindu Marriage Act, 1955 section 13 1(ia)(ib) if you have any call records or any text messages even that you can submit to the court..! see i can suggest you to go on this ground for divorce:
The Supreme court of India in Narendra vs. K. Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of 'cruelty' to grant divorce. one more decision of the Hon'ble Supreme court which has said that A wife is expected to be with the family of the husband after the marriage.
for further details do call me.
1. Talk to her and try to resolve peaceably. It takes time and patience to solve by taking her to holiday trip and by spending private time with her.
2. Spending time in private with her away from your respective family members often helps to sort out the differences.
3. If nothing works out then approach for mutual divorce.
File for divorce on grounds of mental cruelty
2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce
3) wife forcing husband to be gharjamai amounts to mental cruelty
4) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
Sir file a police complaint against your in-laws for threat and intimidation to harm you physically and file.false cases.
Then File for divorce on ground of cruelty under section 13 hindu marriage act separating from.parents, wife willfully.deserting not caring all amounts to cruelty and you can cotest on same.
Sir see she can file false cases of DV and dowry so make sure you have little proof to defend there was no dowry taken further there has been no.violence.
1) You can take help of oldage law which are from parents side and compulsory child must live with their parents and take care of them. So she can't deny this and you will relief from it.
If you want I can provide a citation cases for you like your case facts and husband had won the cases.
The mother in law can file a police complaint against the daughter in law on account of criminal intimidation,She can also file a DV case against her.
Forcing Husband To Get Separated From His Parents, Amounts To Cruelty, you can file divorce on the ground of cruelty.
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.
Hi, it is advisable not to agree to thier unjust demands .. It is also advised to register a FIR against your in-laws for threatning and criminal intimidation
Send her legal notice to come and join you & your family along with child
If she refuse to join you then you may file a divorce on the ground of mental cruelty and desertion as per hindu marriage act
Lodge a complaint in the police station against your in laws
As your wife is not living with you now you have the option to file Restoration of conjugal rights under section 9 of Hindu Marriage Act let her appear before the court to give her version of history and in case is not appearing in the court the code will give you ex Parte decree and on the basis of that you can file divorce petition on the ground of desertion cruelity and non compatibility please be aware that in case you find the divorce petition Revival file Section 498 a and domestic violence including the dowry prohibition act these are very normal in case of family disputes so please be prepared and go ahead
This is my response to you:
1. Since it has been one year then you can apply for divorce;
2. There is no point sitting to resolve this dispute;
3. Collect all proofs oral and written showing how you have been tortured;
4. File a divorce petition;
5. Claim maintenance and compensation for the mental and monetary losses suffered by you;
6. Consult a local lawyer and take steps.
Hello,
File a case for divorce on the ground of cruelty with proof . I would like to suggest you to get in touch with a good divorce lawyer .
Regards
1. In this scenario you may file a petition for dissolution of marriage on the ground of cruelty but before doing that you should collect evidence in the form of CCTV recordings of your wife to prove cruelty on her part. You can anticipate that she will fiercely contest the divorce petition if and when you file it.
2. She will hit back by filing 498A, DV Act and possibly a petition for child custody against you. You should apply for anticipatory bail as and when 498A is filed so that you do not suffer arrest and detention.
If you feel that it will not be possible to live with her under such terrible conditions, then you may decide to quit the married life by filing a contested divorce on the grounds of cruelty.
You can include all those incidents chronologically which happened between you both and how much turmoil you underwent etc.
She may avenge you with false cases , let she do it, you cannot prevent her from going ahead with such dirty ideas, but you can challenge them in the trial proceedings.
