I found my wife lieing about me to another person on WhatsApp, chatting with him at 10:30 night even after me saying no, adding to these she threated to commit sucide and now went to her father's house and told that she will not come back... I thought of living her but I am worried about my son and I don't want to be separated from my son... The problem is she always listen only to her sister & her uncle and their aim is always belittle me and separate what can I do here?
1) file police complaint against wife constant threats to commit suicide
2) issue her notice to return to her matrimonial house
3) if she refuses file for divorce on grounds of mental cruelty
4) wife refusing to stay with husband, threatening To commit suicide amounts to mental cruelty
Procure evidence if she is in extramarital relation and than can apply for divorce.
1. See for the son you can file for custody and visitation if she is not ready to come back, further for suicide threats you may file a police complaint against her.
2. Further, in case, she is not ready to stay with you ask for a mutual divorce from her.
I want my son back his life is critical to me now. So, her uncle , sisters are interfering in our life's which is also a reason for her misbehaviour. Eg:- So far she has left the house 5 times without informing me. Her sister, father, uncle are saying this behavior as correct.
You can in divorce petition seek sole custody of your child
2) welfare of child is paramount consideration
3) court would award you visitation rights atleast
You need to file divorce and custody petition in family court for the same. If any false cases are filed by court then seek anticipatory bail
- 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.
- Further , as per Supreme Court, the regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.
- However , for your safety , you should give information Application/Complaint to the SHO of your area police station, after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens.
- Further, Delhi High Court granted divorce to a man on the grounds of his in-laws and other relative frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.
- Hence, you can also lodge a complaint against them who is trying to interfere in your married life.
- Further , if you want to live her , then send her a legal notice and ask her to join you within a week , if refused then file a suit for restitution rights
- Further , if she wants to be separated , then take her consent for mutual divorce, and if refused then file a divorce petition on the ground of cruelty and other grounds as mentioned above.
You can apply for cusdoty of child if he is above 5 years of age.
1. Take it your wife to some far away place si she can not visit her relatives at the drop of a hat.
2. Try to keep her away from contact of her relatives as far as possible.
3. Take her to marriage counsellor more often. Thus is not a legal problem but needs care, caution and patience to tide over the situation.
4. A third party with a helping hand can resolve this and hence the need for a counselling session.
Good luck.
1. See you may talk to your wife and ask her to come back also may seek help of your family members, in case she is not ready to settle you have to take legal recourse.
File divorce case.
File child custody case for your child.
Please file divorce against your wife on the grounds of cruelty, desertion and adultry.
Pl seek Custody of child from court on the issue of welfare and good future of child which will be taken care of by you.
you can approach to the court by explaining the reason for divorce.
you have to give reason to the court. Example : divorce can be on the basis of cruelty , mental torture, adultery etc. Suicide threats amount to cruelty, can be a divorce ground..
For custody of child you have to file petition under section 7 of guardianship and wards act.
You may divorce her on grounds of cruelty and adultery. For the son file a case in the high court for illegally detaining your child.
You may record all this. If you don't want to give divorce then file an application under section 9. The court will issue a show cause notice to her.
1. If she has taken your son away then you can file petition for declaration of guardianship and child custody in the court of Guardianship Judge.
2. A petition for child custody has to be decided by the court on the touchstone of welfare of child alone. If you can prove that you are more qualified than her to secure and promote the welfare of child then you can get the custody, else you will get visitation rights only.
How old is he?
Will he be interested to be wtth you?
Is she residing within the limits of chennai?
Regards
G.Rajaganapathy
High Court of Madras
1. You need to take your wife for counselling so that she understood your point of view.
2. You should also involve Some elders of your family to talk with her family so that they doesnt interfere in your life and you can live happily with your wife and child.
3. In this situation your wife need to understand that involvement of her family is destroying her matrimonial life till then you have to take care of the situation with patience.
You can file a child custody case against her to claim care and custody of your child.
Before that, if you are mighty enough you can silently visit her house and pick your child, return to your home, do not allow hr to enter into your house for any reason by using your might or force.
The legal action of child custody may take years to get disposed and there is no guarantee to get a favorable reply.
Since you are also having equal rights on the child, the police cannot interfere in this matter, hence you decide what can be done on this.
If you do not want to file divorce case, then you can file a child custody case alone.
If they are rude in their behavior and interfering in your married life unnecessarily, then you also show your power by resorting to the ways as suggested.
The ball is in your court to decide further course of action either legal or otherwise.
(1) I have a WhatsApp screen shot where my wife was lying to an another person that I don't take her to cinemas....what can I do here? (2) she has gone to marriage where I was not invited, if a husband is wantedly not invited can a wife go to that marriage(the person who invited my wife is relative to both of us) 3- she often goes to her father house and stay there for months,but before going she doesn't inform me ? 4- Her arrogance is because of her sister/uncle who indirectly support her to belittle me..
Can rely upon what’s app messages exchanged with wife
2) it is for wife to decide whether she wants to attend marriage without her husband
3) wife refusing to stay with husband amounts to mental cruelty
File divorce petition before competent court of law.
1. This is not an evidence, you ignore it without bothering much about it.
Let she make a claim in court of law where you can challenge the same properly.
2. It depends there's nothing wrong in she attending the marriage on being invited, if she has scant respect to you then you cannot stop her from doing it.
3. That's her arrogant nature, you can take legal action as per law to bring this to a stop.
4. You can take action only against your spouse and not on them.
Based on below reasons can I get the custody rights of my kid (1) My wife's 1nd sister is mentally ill and my kid staying along with mentally ill can Impact his childhood (2) My wife's 2nd sister is also mutually separated from her husband ( indirectly trying her best to separate me and wife so that she has a company) (3)my wife is not the earning person and taking care of my kid would be difficult.
On all above grounds you can file for contested divorce in family court
Yes definitely you have right to get the custody of your child for welfare and proper education.
These are not grounds wherein you would be awarded sole custody of your child
1. You can cite this as an additional reason to demand child custody.
2. There may not be a strong ground in this but there's nothing wrong in mentioning this as one among the reasons.
3. This would be one among the strong reason when the welfare of the child is considered paramount.
This is a very weird situation wherein she is defaming you as if going to the cinema is a big deal.
Yes if her family is a family of mentally unstable and ill persons that means it runs in the family and you should stay away from such people.
Yes if her family is a family of mentally unstable and ill persons that means it runs in the family and you should stay away from such people.
You can file divorce on grounds of mental cruelty
Yes you can take the child custody on the reason that your wife is not earning
- Under Hindu law, A mother usually gets custody of the minor child, under the age of five and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.
- The choice of a child above the age of nine is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
- Further, since the mother is having affair with other guy, hence also she cannot be a perfect guardian as well.
- Hence you have a valid ground for getting custody of kid.
Yes you can file a petition for the custody of the child citing the reason stated by you.
Regards
Write a letter to her asking her to come back and join matrimonial house. Based on her reaction you can file application for custody of child.
File application seeking custody of child, collect proofs of their misbehavior and evidence to show their involvement in your matrimonial life and influence on your wife, due to which your marital life is disturbed.
1) You can use it to support your case.
2) Do not precipitate the matter, try to settle it with your wife.
3) Reprimand her and inform her to behave properly.
4) Try to sever them and have control on your wife, and that, try to record her arrogance i.e., by way of audio & video, going forward they may come to your support.
1) Yes you can, you file the said proofs alongwith your application.
2) Yes.
3) Yes, you are better placed to get the custody of the child, subject to the age of the Child.