Hi all I am staying in Hyderabad with my parents and my marriage was held from West Bengal. Marriage is only 2 years and no kids. Already in 2022 I have filed a Judicial separation from West bengal due to her non stop mental harassment and in 2023 I gave her a chance thinking that she might have changed. Due to non stop mental harassment from my wife I and my family are not able to live a happy family. Her actions include trying to beat my mother and father and many a times I have to come and save them. I have called the emergency number and the police didnt discuss much after visiting our house. Day by day the action of my wife against me and my parents are increasing. Both are senior citizens and dependent on me as I am the lone child. I want to file my divorce case from West Bengal as the marriage was held there. Both of us are working in Hyderabad , the flat is my name and loan is going on. What steps needs to be taken so that I can file the case from there and ensure all of us are safe. Can I just lock the doors and go away from here. Or do i need to send my old age parents to their hometown and then if I take the step of locking the door and go to my hometown. I am not sure what all the consequences be there. Kindly advise on this and also advise if my mother and father can file a senior citizen act on her and then get a restraining order from Hyderabad and later on I can file the divorce case from West bengal. Thanks Saurabh
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wife has right to stay in matrimonial home
2) sell your flat . loan can be transferred in name of buyer of flat
3) you can file for divorce in city wherein marriage took place or where you resided together with wife or were she is residing
4) if house is in your name parents cannot obtain orders restraining wife from disturbing their possession of flat
Dear Client,
In this case I will suggest you to file a divorce application under Section 13 of the Hindu Marriage Act,1955, before a family Court in West Bengal ,where the marriage was registered.This application enable to seek dissolution of the marriage due to cruelty, which includes mental harrasment.
For your parent's protection I will recommend you to file a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act,2007 at local police station or the District Magistrate's office in Hyderabad,which ensures the safety and well being of the senior citizens and can help to secure their maintenance and protection from abuse.
It is also advisable to consult with a lawyer who can guide you through these processes and ensure all necessary legal steps are properly followed before leaving your current residence.
Thank you.Hope this answers your query.
- 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.
- Your parents can file a complaint under the provision of Senior Citizen Act against her
- Further, your mother can also file a complaint before the Judicial magistrate under the provision of DV Act against the harassment of her daughter-in-law.
- As per law, your wife has right to claim maintenance and residential right from you only and not from your parents , if her income is not sufficient for her.
- Further, if the said flat is in joint name and you are paying the emi , then you can be declare single owner of the property after submitting the proofs of fund payment.
The house at Hyderabad belongs to you hence you cannot stop her from entering your house because she can claim residential rights so long she remains your legally wedded wife.
You can file divorce case in the place where you got married or the place where you both last resided together or the place where she currently resides.
If you feel that it would be unsafe for your parents to be there in the same house where she too resides, you may better shift them to their native place so that any harm from her side can be prevented.
Even if you lock your house, she may break open the lock and enter into or house, you cannot stop her from doing this, you can tke a proper decision based on the situation prevailing at your end.
1. No case filed by you can save you from getting cases filed against you. The material question is how to save yourself if such cases are filed against you.
2. If you file a suit for divorce with clever drafting then it would be easier for you to defend the case filed under section 498A IPC. However of she has no source of income then her right of maintenance can not be impinged by you and by any court of law.
3. Even if you lock your house if she ever lived in that house then court can grant order of her entry and residence therein in a proceeding under PWDV Act.
4. The house can be protected only if she never stayed there after the marriage with you.
