You can file NC with local police station against abusive behaviour of wife
2) file for divorce on grounds of mental cruelty
3) seek sole custody of your child
4) rely upon transcripts of audio recordings to prove allegations of mental cruelty
Divorce filing on the ground of cruelty against husband by wife
I am 42, married in 2012, kid in 2013. i want to file Divorce on the ground of cruelty against husband by wife . i have audio recordings where my wife is shouting, and threatening me. telling me her dad and her family are powerful and well connected. i have recording where she is try to hit my son and i am saving him. i have many such audio recordings over the years. she troubles alot, shouts many times, keeps nagging. She is taking b.com taking tutions at my home. she spends all her money in her own and i dont have problem with that. she got sacked by her employer for misbehavior. i am hindu and she is jain. i cannot desert her coz of child. my question is can i file for divorce while she is still leaving in my house. one lawer told me i will have leave her and go file divorce after 6 months. but this is not possible because child will suffer in my absence. I cannot elope with child coz that will coplicate things legally further. plz help
Asked 6 months ago in Family Law
Religion: Hindu
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17 Answers
Even in staying in the same house the suit for divorce can be filed.
Since divorce suit can have adverse impact on the child it is better to settle the dispute amicably. Mere occasional quarrels or insults can be ignored for the betterment of the child.
Go for frequent holiday trips to strengthen the marital tie.
You have to stay separate in the same house and keep a evidence of living separate in same house. This living separate in the same house can applying for divorce after six months.
My follo up query is that will my parents get dragged into this...the fact is my parents live 150 kms away and have never met her in last 9 years....and does she any right over my parents property and assets....??
Asked 6 months ago
Wife has no share in your parents property or assets
You can file a divorce case on the grounds of cruelty if the situation is intolerable anymore.
You don't have to live away from her for filing divorce case, there's no infirmity to file the divorce case despite living under same roof.
Your parents cannot be implicated in the divorce case but she may, in order to take revenge on them, lodge false criminal case against them.
In that situation they can obtain anticipatory bail and challenge the false case properly.
She cannot claim any share in the property of your parents or yours as a right.
Dear Client,
I want to let you know that,you are entitled to seek divorce on grounds of cruelty, even though you reside with your wife. Till now, you have been suffering from physical as well as mental cruelties. Section 13(1)(ia) defines cruelty to include both physical as well as mental. All the audio recordings of her shouting, threatening, and trying to hit your son can be used in evidence to prove your case.
There is no such law that requires you to leave the house before filing for divorce. Living together will not make you ineligible to seek divorce, especially when your concern remains the welfare of your child. It may be that desertion for 6 months forms part of proving desertion advice by your lawyer; in this case, it is a case of cruelty instead of desertion.
Regarding the question you have further sought clarification on, your wife has absolutely no rights on your parents' property or properties. As per Hindu law, she is not entitled to claim any rights over your parents' ancestral or personal properties considering the fact that they have been staying apart for 9 long years and did not care to get in touch with her. If she files any claims of this nature, your parents will likely be impleaded in that case but they will not automatically be liable. It would be a declaration of their non-involvement with court action.
There is very crucial presentation of all the evidence for the case, and a sound family lawyer would be capable enough to help create a strong case.
Thank you.Hope this answers your query.
Thanks everyone for these inputs....my last question 1.) We have separate rooms, no physical since our childbirth, child sleeps with me in my room 2.) My sister is 43, living with my parents and she is pschizoperic . My last question is can wife exploit this situation of my sister. They have met only once 10 years ago during marriage. Thanks everyone so much ....i think i am ready now to take concrete action.
Asked 6 months ago
Wife may file false dowry harassment case against you and your family members to harass you
In many of the conversation that i have recorded, it is clear that i have told her that money and success and material things are not important to me whereas she has repeatedly asked me to chase money and success... So, with this evidence the dowry case will not stand much chance...??
Asked 6 months ago
.these recordings show that you were not hankering for material success
burden of proof is upon prosecution to prove allegations f dowry harassment
If your wife decides to take revenge on you and also to put pressure on you, she adopt all tactics for this purpose.
She may even implicate your sister unnecessarily into this dispute with false allegations against her too.
You may have to take precautionary steps as suggested.
You can secure the material evidences in your possession and can use them in court whenever it would be required to be produced.
you may collect any other evidence also in order to nullify her allegations if she goes for a criminal complaint against you and your family members.
Dear Sir,
When you are not having access to her for last more than one year then you can file. Residing under the same roof or in the same house is not a ground to reject your divorce petition. Many cases being filed when both the couple residing in the same house.
1. You can file a divorce suit on the ground of cruelty even staying under the same roof.
2. While filing the divorce suit you shall have to ensure that you have enough evidence of her cruel act on you since just nagging or beating son can not be considered as enough ground for seeking decree of divorce from wife.
1. She can drag your parents only if she files a 498A or DV case alleging their cruel acts on her (which will certainly not stand in the given circumstances) and in that case they shall have to contest the cases fittingly.
2. She will have no right on her inlaw's property and also on your properties during your lifetime. She will inherit your properties along with your son after your demise if she still stays as your wife till then.
1. Your wife has no legal connection with the mental state of your sister.
2. Your son has already crossed the age of 5 years for which your wife can not claim his custody as his natural guardian.
1. Hope you have recorded her said conversation with you demanding you to chare money. This might influence the judge in the divorce suit if filed by you.
2. You should collect evidence of her abusing your parents & sister and/or asking you not to take care of themselves.
- Since, the marriage was solemnized in 2012 , then you can file the divorce petition even after living under one roof
- You can mention in the divorce petition that you both are not having any relation as husband and wife since 2013 even after residing in the same house.
- Legally, she has no right over the property and assets of your parents.
