• Separation

I am more than 22 years into marriage , having 2 kids aged 20 and 16 , Since the past few years I have faced financial downturn and as a result my wife has taken a back seat approach towards being with me , maintaining physical relationship , maintaining harmonious relationship and taking every opportunity to downgrade me in the society . Since last 10 months we are not staying together and have not maintained physical initimacy from 1.5 years . She Has multiple times threatened me with Divorce and putting pressure on me to outreach on financial goals above my capacity. Since the turn of this downturn she has been putting one blame upon other that all thought these 20 years she didn't approve nd like me and she just maintained relationship due to kids and societal pressure. She also put forth that during many a times I have forced myself on her physically( marital rape) , which I am totally denying . Also during the initial discord I asked her for marital counseling stating that she doesn't need any counseling and all faults are in me.What remedy does the legal system offer me and how to go about ? I would like to take joint custody of kids .
Asked 5 months ago in Family Law
Religion: Hindu

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7 Answers

Dear Sir, 

Considering the fact that you are residing separately it is better that you go in for a divorce. If possible a mutual consent one if your wife is ready. Further your children are old enough to understand the situation and joint custody of the younger one can be sought for as the child is still a minor. You can continue to maintain them financially. 
As for your wife I doubt she will step in for a mutual consent to she already is making allegations against you but still there is no harm in trying considering that you can provide for maintenance and alimony 

Uma Vyavaharkar-Acharya
Advocate, Mumbai
69 Answers
2 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife abusing husband amounts to mental cruelty 

 

3) wife refusing to have sex amounts to mental cruelty 

 

4) seek joint custody of children 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

She has been constantly troubling and torturing you for one or the other reasons including threats of filing false cases and refusal to cohabit.

All these constitute acts of mental cruelty.

Therefore you can decide about filing a contested divorce case on the grounds of cruelty irrespective of the repercussions because it clearly appears that you may not be able to continue with the marital life in the given situation.

You cannot ask for custody of the adult child who is aged 20 years but of course you can think about seeking  for custody of the younger child which would become an adult within two years.

You look for the relief whichever is feasible now. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

One child is already major and other is nearby. No question of custody arise. They  are free to decide their own course. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear Client,

Given your situation, you can consider filing for divorce on grounds of cruelty, which includes mental and emotional abuse, and the consistent threats and false accusations by your wife. Document all instances of her abusive behavior and threats, as well as any efforts you made to reconcile or seek counseling. This evidence will support your case in court. Since marital rape is a serious accusation, be prepared to provide evidence or witnesses that can refute her claims.

Regarding joint custody of your children, you can file a petition for joint custody during the divorce proceedings. Courts generally consider the best interests of the children when determining custody arrangements. Highlight your active role in their upbringing and your capability to provide for their welfare despite your financial difficulties. The court will evaluate both parents' ability to provide a stable and nurturing environment. Consult with a family law attorney to guide you through the legal process and to ensure your rights and interests are protected.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

  1. There are a slew of matrimonial remedies available to you like judicial separation, restitution of conjugal rights, divorce etc.  Which remedy best suits your purpose can be adviced to you, only on exhaustive consultation session. You need to visit me for that. 
  2. I'm based in Mumbai /navimumbai just as you are.  So it shouldn't be much of an issue for you to visit me 
  3. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1570 Answers
5 Consultations

- As per law, 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,

- If she is not interested to live with you , then you can take her consent for mutual divorce with the condition of joint custody and only a minimal alimony amount. 

- Further, if she denied then you can file a divorce petition before the court on the ground of cruelty , however she can claim maintenance from you  

- As per Madhya Pradesh & Allahabad High Court , Unnatural Sex By A Man With Wife Not Rape.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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