• Safe guarding myself and my old parents from Mentally torturing wife

Hi There,

Lawyer profession is a noble profession and i am hoping someone with legal knowledge on this platform shall listen to my case (details below) and guide me on how to proceed further.

I am married for last 7years with a delayed milestone kid .Both myself and my wife works in private sector in delhi but currently we are in khordha(hometown).

My wife was bit aggressive before but after giving birth in 2021 her aggressiveness has increased a lot with below outlined changes .

a>> she pickups fight for no reason and becomes heavily aggressive with me & my parents

b>> she some times get angry if something hasn't gone as per her expectation and can resort to physical beating if we try to defend 

c>> she doesn't listen to myself n my parents in important decisions

d>> she is over ambitious for her job and in spite of our kid daily going to physiotherapy sessions to address delayed milestones , she wants to forfeit her work from home and resume office and thus hampering the ongoing physiotherapy.

e>> she misbehaves with myself and my parents on regular basis for trivial things like what to cook or what should be the menu for dinner or why neglecting kid for office work etc 

f>> when she is extreme angry she threatens to lodge false police case against myself and my old parents
Recently she attempted kind of inducing self injury by taking a lot of loose motion medicines but luckily there was no impact .

Now she has gone to her parental home which is like 200 KM from my home , thus stopping the necessary physiotherapy sessions for the kid .

My parents are old and above 68 years of age (both mom and dad).

We did reach out to her parents but they are telling they wont interfere and let their daughter do what she feels best for her life.

We fear for the below outlined scenarios ,could you please guide us on how to counter these legally 

a>> touchwood ,what if she forcibly take the kid n luggage and steps out of home and tells that she is leaving for delhi.How can i stop my wife from taking my 2 years old kid from my home??
b>> what if she files a false case against myself and my parents stating we are not allowing her to go to office or do job , how we can save ourself from such false charges ??
c>> what if she is not interested to continue in this marriage but intentionally not coming for mutual divorce or counseling . What should we do here to rectify this??
d>> touchwood whenever she will leave my hometown and reaches delhi(her workplace) ,can she file a case there in delhi or she can only file case in my hometown where i reside currently??
e>> can i file a case against my wife for trying to separate myself from my old parents?
f>> she discuss her professional and personal ambitions with her family n colleagues only. Can this be called mental cruelty?
g> she doesnt trust me nor allows me to touch her fone. Is this mental torture?

Looking forward to hearing from you soon. Thank you in advance.
Asked 12 months ago in Family Law
Religion: Hindu

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6 Answers

It is not mental torture if wife does not allow you to touch her phone or does not discuss professional and personal life 

 

2) wife abusing husband in laws ,assaulting them amounts to mental cruelty and is ground for divorce 

 

3) wife forcing husband to stay separate from parents amounts to mental cruelty 

 

4) file for divorce on grounds of mental cruelty seek joint custody of kid 

 

5) wife can file case in Delhi also 

 

6) your parents  can file police complaint against daughter in law for her abusive behaviour 

Ajay Sethi
Advocate, Mumbai
97606 Answers
7901 Consultations

You can seek divorce from her on the aforesaid ground. If she files false case at Delhi you can contest it 

Prashant Nayak
Advocate, Mumbai
32934 Answers
209 Consultations

You cannot stop your wife from leaving for Delhi for any reason. Also the child is less than 5 years old of age,  she will continue to have the custody with her till the child turns 5 years of age. This cannot be treated as an act of cruelty. 

If she is not agreeing for mutual consent divorce you may file a contested divorce case on the grounds of cruelty 

 

She can file a case in Delhi also. 

If she is restricting you from visiting or taking care of your parents. you can plead this another grounds of cruelty. 

However you cannot claim it as a right to interfere in her privacy or personal matters. 

T Kalaiselvan
Advocate, Vellore
87806 Answers
2365 Consultations

1. You have to physically ensure not taking the child away. The legal recourse to very hard to come by.

2.There is no way to save one from fable cases. You can keep informing the Police if there is consistent treats of that nature.

3. No such cases lies except for divorce.

4. No

5. No

Devajyoti Barman
Advocate, Kolkata
23351 Answers
523 Consultations

 As per Supreme Court judgment, 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.

a) You can lodge a complaint as information to the police and higher official against her said acts

b) You can mention in that complaint that she is creating trouble for the Kid and even your old aged parents and further she used to threaten to implicate in false cases 

c) You can file a contested divorce petition before the family court on the ground of cruelty and mentioned grounds. 

d) Yes

e) Yes 

f) Yes 

g) As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce.

 

You can contact me , if further suggestion needed in this regard. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Dear Client, 

According to the Guardian and Ward Act of 1890, the child's welfare is of utmost significance, and courts with competent authority work to strike a balance between the two. Moreover, just because one parent is granted custody of the kids doesn't mean that the other parent is cut off from communication or visitation rights. The courts in India ensure that the child receives the love and care of both parents. The other parent is granted visitation privileges by the court, with the court setting the terms. The Hon'ble Supreme Court and other Indian courts have stated time and time again that the minor's welfare is the only factor taken into account when deciding who gets custody of them, regardless of the claims of the parties to the custody of children. 

A course of unprovoked and abusive behaviour towards one's spouse that results in unbearable humiliation, distress, and misery is referred to as mental cruelty. This behaviour harms the complainant's physical and mental health and makes it impracticable for the complainant to preserve their marital status. The type of cruel treatment, the psychological effects on the spouse, and whether or not it makes the spouse reasonably fear that living with the other spouse would be "harmful" or "injurious" are all important factors to consider when determining whether or not something qualifies as mental cruelty. Therefore, the determination of cruelty is essentially an inferential process that involves considering the characteristics of the behaviour and its impact on the spouse who is lodging the complaint.  The court stated that in handling these kinds of cruelty charges, it is crucial that the court refrain from looking for a universal standard of cruelty because cruelty in one instance might not be cruelty in another. It is necessary to take into account the parties' "economic and social conditions," "culture and human values to which they attach importance," and the type of living to which the parties are accustomed. 

Hope this answer proves beneficial to you. 

Anik Miu
Advocate, Bangalore
10422 Answers
121 Consultations

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