• Mental harassment and emotionally abuse by wife and in-laws

I am married for 6 year's, my wife always accuses me of marrying her forcefully because of few people and complains all the time of not taking good care.

1) In the 1st year she complained me that I never informed her shifting to Pune for job, she constantly used make guilty that she would have not got married if I had told her about moving out of Bangalore. But before meeting her I had informed her of searching jobs in Pune or Canada. 
2) To avoid further clashes I searched for a job in Chennai, She decides to do job in Bangalore and told me to do up and down to Bangalore as I never mentioned Chennai during the time of marriage. She become pregnant and she went to her home for the child birth during which also we had lot of communication issues and her parents were not supportive for us to be together. We started to have physical fights verbal abuse due to not being together, accusing me of spending time after office with other girls
3) She accuses me of not providing any moral support and make more accusations and takes the child separately to her home and asks me to come to her home if I want to meet my daughter. To not to be a absent father for my child I went to in laws house to see my wife and my baby, once I asked for taking the baby to my home, my wife and mother in law snatched the baby from me and humiliated me. But I made arrangements for seeing a counselor to get clear idea of our issues but she refused to take counselling for not getting a saree and dress for her cousins marriage. Marriage counsellor has clearly indicated manipulative behaviour of my wife
4) A relative from my family and her family started to talk both of us and by Jan 2023 they agreed to have talks with both our family and allow us to live together, by that time I got a opportunity for job in France and moved in June 2023.
I found a place to live and admission for school for daughter
5) By October she started to demand for money to buy her own laptop for searching for jobs by verbally abusing me and physically fighting making me looked as accused by screaming and yelling to make a scene.I took some money from my parents to give her the money she was demanding.
But by start of April 2024 she started to accuse me of not attending a get together and started to public humiliation. For which again we had a lot of verbal spat and ended up having physical fights for which she filed a case of domestic violence.
With all these kind of behaviour from my wife. I am starting to lose hope on my future, kids future and not able to look after my parents. She is not at all affectionate and concerned about what will be the consequences of kids life.
My wife makes sure her parents are always be part of the relationship and complain.
I have all the information of her black mailing and in laws black mailing
Asked 10 months ago in Family Law
Religion: Hindu

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7 Answers

File for divorce on grounds of mental cruelty 

 

wife abusing husband , physically assaulting husband amounts to mental cruelty 

 

3) wife accusing husband of having extra martial affairs amounts to mental cruelty 

 

4) best option is to file for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
97597 Answers
7900 Consultations

Since you are serious to work out this marriage then visiting a marriage counsellor is an option.

If there is progressive psychic problem in her behavioural pattern then meting a clinical psychologist is an option.

Your wife seems to be belligerent and hysterical.

Remaining low profile and dealing the situation diplomatically is a good option.

Devajyoti Barman
Advocate, Kolkata
23350 Answers
522 Consultations

You can proceed with the divorce against her on grounds of cruelty 

Prashant Nayak
Advocate, Mumbai
32930 Answers
209 Consultations

The acts of black mailing, accusing you to have affairs with other girls, not respecting your parents and not taking care of your child's well being, and other acts of physical and mental cruelties are few of the acts of cruelties if you would like to file a divorce case against her on the grounds of cruelty. 

In the given situation it clearly appears that she is an aggressive by behavior and over the period of six years there are no changes in her behavior or thoughts instead the issues aggravated.

This makes the situation beyond tolerance level.

You may decide whether to live together with her or to snap the ties by filing a divorce case to dissolve your marriage by a decree of divorce.

You can also file a child custody case seeking custody of your child.

You can consult and discuss with an advocate at length before taking any decision.

T Kalaiselvan
Advocate, Vellore
87799 Answers
2365 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.

Further, 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,

- Further , as per Kerala High Court, In matrimonial issues, conduct of such type which would endanger the life of the partner amounts to cruelty. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.

- Your mentioned facts are showing that her behavior is causing cruelty to you  , and hence you can file a divorce petition before the family court on these grounds. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

1.  If your wife is not living with you, file for Restitution of Conjugal Rights and if the case is decided in your favour and still your wife refuses to join you in your marital life, then her refusal to join you itself could be a strong ground for you to get divorce from her.

2.   Since you have all the details of information of her and your inlaws blackmailing which can be adduced as evidence in case she makes a complaint against you in future.

3.  Both husband and wife will have equal rights and responsibilities on their child.  Through Court you can obtain custody/joint custody/visitation rights.

  

 

 

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Dear client, you have to be strong and have to face these kind of situations. Law has provided ways to tackle the issues. 

You can file a complaint on your wife for mental harassement and also for domestic violence under indian penal code and domestic violence act.

You can file a complaint for blackmailing and for criminal intimidation under indian penal code.

On the grounds of mental cruelty and harassment you can also get divorce under the hindu marriage act

 

Anik Miu
Advocate, Bangalore
10417 Answers
121 Consultations

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