• Harassment by wife

My wife of 18 years deserted me and have been staying separately for over 4 years, with our son whom she has brainwashed to be against me. So much so that at one time my own son tried to strangle me to death. Our married life was hell with she not giving me food, slapping and abusing me in all ways. She has been giving me death threats ass well, saying that she will use my money (over 30 lakhs she has taken off our joint account) to get me killed. When I requested for a divorce by mutual consent she refused saying that her intention is to keep me suffering so that I cannot even get out of the hellish marriage and remarry. What are my legal options for a peaceful old age? I am in my fifties and unemployed with elderly and sick parents to take care of. Many thanks for advice.
R Sharma
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 2 hours.

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10 Answers

1) file for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3)wife giving death threats to husband amounts to mental cruelty

4)in event wife files any false dowry harassment case obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

Hello,

1) You can file for divorce on grounds of desertion and cruelty and succeed in getting a divorce in the court of law. The petition can be filed in a court having competent jurisdiction, namely the place of your marirage, the place whre you resided as husband and wife for the last time or where the wife is residing currently.

2) You can file complaints with the police to bring on record the fact of her intimidating and threatening to kill you and instigating your son against you to her advantage.

3) If your so is still a minor you are liable to pay for his maintenance. If your wife is unemployed/incapable of employment you will be called upon to pay a maintenance / alimony. Keep all your records ready before yo engage a lawyer locally.

S J Mathew
Advocate, Mumbai
3183 Answers
134 Consultations

5.0 on 5.0

1. Divorce is smooth and speedy only when it is mutual when both of you will have to agree.

2. However if she does not agree that does not mean that you can not get divorce.

3. You will have to file now a suit for contested divorce which would take some time though.

4. For peace you can start staying separately.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

You have a perfect case for divorce. Various judgments from the apex court consider cruelty as a major ground for divorce whether it is physical or mental. If the conduct of his spouse amounts to cruelty, divorce becomes necessary.

You just need to satisfy the conscience of the Court that the relationship between you and your wife had deteriorated to such an extent due to the conduct of the other spouse that it would be impossible for them to live together without mental agony, torture or distress.

Collect all evidence and witnesses of the cruelty to show in the court.

You are the rightful co-owner of the joint account, she cannot take away the money from it, go for a stay order. If you can prove that the money in the account was solely from you, you can get the whole money as well.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

1)gold given to wife at time of marriage , after marriage constitutes her stridan

2) as far as bungalow is concerned since it is joint names file suit for partition for division of bungalow by metes and bounds

3) seek orders to deposit rent in court

4) seek injunction restraining wife from selling the bungalow

5) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
81793 Answers
5120 Consultations

5.0 on 5.0

Whatever she has done to you or your family are all good grounds of divorce.

So if you wish to dissolve the marriage then file a suit for divorce.

I find no other option.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

You can get her evicted from the bungalow jointly in the name of you two. Similarly, you can get gold back if you have papers showing you bought that from your income.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

1. Collect evidence of all the cruel acts of your wife by audio/video recording all such conversations with your wife.

2. After that lodge a police complaint against your wife alleging her attempt and threats to get you killed.

3. File a divorce suit on the ground of cruelty and desertion against her.

4. If after some time she wants MCD. file an application for converting your divorce suit to MCD petition which will be decided within 6 months thereafter.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

1. If that Bunglow has been purchased with your money only then you can file a declaratory suit praying for a declaration that you are the actual owner of the said Bunglow since you have paid consideration while buying the same and also praying for a direction upon the Registrar to delete your wife's name as the co-owner of the said Bunglow.

2. If you fail to get the said declaration, you van file a partition suit claiming 50% share of the said property along with 50% share of the earning derived from the said property with retrospective effect.

3. No Court can force your son to meet his grandparents if he does not want to.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

There is no compulsion on you to continue the unbearable and torturous marriage.

Moreover she deserted you and is living separately away from you for the last 4 years or so

Therefore you can go for divorce against her on the grounds of desertion and cruelty.

First thing what you should do is to shed away your fears about her and her threats.

You stand up bravely against all odds and strive to get rid of her by all means with determined efforts instead of suffering the tortures every moment.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

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