My relative is into a typical situation where he is married to a government employee posted in Pune. At the time of marriage she and her family committed that she will take a transfer to Delhi after marriage with in 6 month to 1 year where husband and his old parents live. Now after giving birth to a 1.8 old months baby, she is refusing to her promise to transfer to husband house. May be her job is not transferable and she and her family lied to tie a knot. Also her mother is also supporting her decision because she is paying loans which she took for her father and brother, and pushing her to take divorce. The child is staying with husband and grand parents as her mother’s nature of job is field work and she has to be obey 6 months a year into field job as per her job duties. She is threatening to take the child away and file a divorce. What are the options husband have, can he file a case for breach of trust, mental harassment, conspiracy by in-law I lieu of financial support and divorce as she is trying to depart husband for aged parents. Also ; case for possession of child. She did not spent more than few months with her husband and in laws in her marriage of 3 years. Is it safe to send child with her as husband is afraid that she will file a divorce and block him completely from his child.
Best option is to file for divorce by mutual consent
2) it takes 6 months
3) seek sole custody of child
4) contested divorce cases take 5 years to be disposed of
5) don’t file any criminal case on wife
6) it would aggravate the situation
7) don’t file for RCR it is useless
Not so easy, but proper planning is needed, filing multiple cases at this juncture any lawyer will be more than happy to do rather than giving remedy, so proper planning is very important, first write the entire history in word document and email to police and state to lodge general diary for protection of false cases coming towards the husband and his parents
1. There is no criminal breach of trust. Wife cannot be forced to seek a transfer.
2. He is free to file petition for dissolution of marriage on the ground of cruelty.
3. He can seek custody of child also by filing a petition for child custody under Guardians and Wards Act.
4. He need not send the child with her.
file a case for breach of trust, mental harassment,
conspiracy by in-law I lieu of financial support and
divorce as she is trying to depart husband for aged
parents. Also ; case for possession of child
File all these cases.
Let me make it clear, due to very less age of child the if she once takes the child
Than it would be very difficult for you to get the custody back.
File for permanent custody of your child
1. If a wife is not allowed to take transfer in job then the same is not a ground of divorce.
So behind this you can not manufacture stories of influence of her parents which may or may not be true.
Only her adultery if found to be true is a ground for divorce.
So the couple are best placed to sort the dispute amicably.
Otherwise keep the child with husband and let her file the divorce suit.
If the child remains with his father during the pendency of the suit his custody would not be changed from father to mother.
No, Just one the place of living is different on this basis can't be filed for divorce. Where she can go and come in vacation or every 2 months visit in the husband's home or husband can come to in-laws place for time being this can be adjusted. Once the situation changes everything will be okay. Need to check whether husband's job is private or government. Accordingly he can take the decision. There are "N" number of way to above case only divorce is not solution.
1. See for child husband may file petition for custody of child praying for interim custody pending the main petition.
Since child is ordinarily living with husband and his family he may take the same ground for welfare of the child.
2. Further he may file divorce against her on ground of cruelty that wife is separating from parents lied about job and not staying with husband.
You will always have access to your child unless she prove that it will be against the interest of the child.
You can file the above cases but proving in court will be a difficult task. If wife stays away you can at the most file rcr if you want her back.
Hello,
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If her job is not transferable , then the husband cannot file a case for breach of trust etc. and further even is transferable , then also such case is not maintainable , however these reasons are a ground for divorce.
- Further , without getting the court order , she cannot refuse to allow to met with the child , and even if one party gets custody , then other party will have visitation right legally.
- Settle the dispute amicably , as after moving an application before the department , transfer of wife is possible.
- If the husband or she is not interested to continue , then they can take mutual divorce within a short period of time.
A case of divorce must be filed on grounds of cruelty and desertion. Also a case of annulment must be first filed because she didn't tell the husband that her job is non transferable which is a very relevant fact relating to the survival of marriage.
For custody file a petition in the high court for illegal detention.
Moreover she shouldn't get custody as her job is such.
Dear sir,
Please approach marriage counselling centre of your local jurisdiction where marriage was solemnized and explain them your issue after which they will issue a notice to her and try to re unite both the party and also will arrange for counselling in which most of the parties issue will be resolved, if this does not work out then you can seek the help of court by filing a suit against her; where in as per the guardians and ward act child custody below age of 5 years will remain under the custody of mother of which which you may get the custody but court will give you a visiting rights !!
He cannot file for breach of trust, but he can file for mental harassment and cruelty as she is trying her husband to part ways with his parents.
You can also file for custody of child demonstrating her nature of work, upon convincing the court, it may give you custody.
1. Mother is considered as the Natural Guardian of her child up to his/her 5 years of age.
2. So, she might not agree to return the child after she gets his/her possession from you.
3. Otherwise also she can file a child custody case to get custody of her child through Court Order.
4. Decree of divorce is prayed based on certain grounds accepted by law like cruelty and in the given circumstances you hardly have a ground to prove her cruelty unless you can prove that she has not even applied for her transfer to your place and her job is transferable.
5. Negotiate with her for amicable settlement since divorce is the 2nd most stressful event in once life.
6. If amicable settlement is not possible, you can ask her for jointly filing a mutual consent divorce petition on agreed terms in India which will be decided within 6 & 1/2 months from the date of its filing.
In this situation the husband have only right to get his wife for conjugal purpose as she is working in government and if the job is transferable it may bepossible to get transfer on compassionate ground but in that case both husband and wife must be working in government sector otherwise this formula will not work.
So far as the income of wife is concerned and her support to to father and brother is concerned it is her option to do so and she cannot be forced to not to do this.
Simply child is below 5 years of age we have all the right to keep the child with her and in case statement for report in that case also because she is earning sufficient amount for her livelihood it will be very difficult to have the custody of the child even after 5 years of age and in any case the husband is liable to maintain the child for maintenance and education.
The best option for husband if in this case to negotiate and persuade his wife so that the life can be move on.
file section 9 RCR if she not contest then court may award husband exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee.
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony.
Normally the custody of child below 5 years is given to mother but if father can prove that he is capable of looking after the child better then her mother the custody can be given to father.
1. No he cannot file case for breach of trust.
2. Husband can only file divorce on grounds mentioned by you in the question.
3. Husband cannot stop mother of child to take him with her due to age of child and at this age child needs mother more than father.
No case for breach of trust is maintainable, in fact it is not even an act cheating.
Such things are common for the youngsters to getting married.
The husband cannot force to remain her with him not only due to the nature of her job, but also against law.
However the child is a trump card with him.
Let him not allow her to take the child.
If at all she files a child custody case, you can challenge the same properly on merits and evidences in your support.
If you do not want to give her divorce, then you can very well refuse the same and challenge the same if at all she files one.
