• Divorce and need kid

I was happily married with my beloved wife and its more than 4 years now .(Marriage certificate not taken).We have a kid who I love a lot.
We bought a new home a year back and my wife took the loan because the bank didn't have loan for me .my wife have asked me to be a co applicant for the loan.I trusted my wife by her words even I told her that make me as a co-owner she didn't listened and she her mom planned and made the home to be in her name.
Now after moving to the home my wife lost her job and sat at home. So I was paying emii since 11 months. Now my wife is treating me like a slave telling I am tamilian and harassing me often and also telling me get out of my home .
She is telling me that she wants to get divorce since I told her make the home in both of.our names since I am paying the emi.i told her that I will not pay you money anymore. She is refusing and telling me that "You file divorce, I know how to get alimony from you".

I want my kid he is three years now. She even told me that I shouldn't take my.mom/dad to her new house. My parents are aged 60+ .

I am sufferring please help me and suggest me how do I proceed with this situation
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. This is trypical amtrimonil proboem and not a legal one.

2. Such dispute is first tried to be solved amoicably.

3.if that does not happen then you have to think whether you want to live life with her in this way or come out of this.

4. if you want to come out then ask for mutual divorce.

5.If not then file contested divorce suit.

6.Since there is child I would ask you to talk to her and give some time so she changes and things normalise once again.

7.If dispute does to court and your wife keeps the child then you will get chance to meet him but getting back the child is almost impossible.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) record her verbal abuses .

2) inform bank of your inability to pay the loan let bank auction the property .

3) it makes no sense in paying EMI for loan when proeprty is in name of yopur woife and she ttreats you l;ike her slave

4) gather evidence of wife past income

5) you can visit family counsellor to resolve your differnces

6)if reconcilation fails file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hi, If you don't want to live with you wife you can file a petition for divorce on the ground of cruelty.

2. For custody of the child you have to file a petition before the court under Guardian and wards, normally court will grant visitation rights to you.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1) family counsellor helps in resolution of disputes

2) hence advised you to meet counsellor with wife

3) if reconciliation fails then file for divorce on grounds of mental cruelty

4) since your wife does not want counselling and treats you like a slave file for divorce

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. When you are the co-applicant for the housing loan how did the Bank accept the title deed to be registered in your wife's name only?

2. You shall have to decide now as to what do you want from this matrimonial relationship of yours.

3. If you decide to terminate the relationship, stop paying the EMI forthwith and take up a rented house.

4. Before that collect evidence of her asking you to leave her house and also other cruel statements in the form of audio/video recording.

5. After that file a divorce suit against your wife on the ground of her cruelty submitting evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Once you file the divorce suit, she is expected to file a police complaint u/s498A and also DV case including petition for maintenance.

2. Avail anticipatory bail against the 498A FIR and contest the cases filed against you fittingly.

3. You shall have to contest her maintenance petition fittingly by arguing that she is a qualified person and can earn her livelihood duly submitting the evidence of her earlier employment.

4. However, be ready to pay 1/3rd to 1/5th of your net monthly earning toards her maintenance.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

If you do not want to continue this relationship, you can very well file divorce case, let she file maintenance case. You can challenge the same on merits.

You can file child custody case too.

You may stop paying the emi, let she face the default payment and recovery action by bank accordingly.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Actually I send money to my wife account and they take money from her account. I have proof for that. Is that ok

You can stop paying or crediting money to her account.

I didn't understand this part Sir. When should I meet this counseller

The stage is beyond this now hence you may not get any respite even after meeting a marriage counselor.

6)if reconcilation fails file for divorce on grounds of mental cruelty

OK sir. But my wife is not ready to go for counselling instead she says change urself according to her.

You can file divorce case from your side, let she also run between court and home

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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