My wife is not willing to come back along with our minor daughter. I am constantly in touch with her on what's app messages and saying that you come back but she is giving silly excuses and saying that she will not come back at any cost and she may think if I live with her and minor daughter at different place. I told her that I need to go for surgery but she is saying I should come to her father place for surgery and can take care.I forced her to come and rejoin then she gave me suicide threat. I had send her a leagal notice but no reply. Her inlaws were threatening me on phone regarding court case and police complaints. Can I claim custody of my minor child as my wife gave me threat of suicide and to stop texting her,Though she said only one time but I think she have some mental disorder because on what's app messages she says she really loves me and at the same time she says I mentally tortured her, at once she says she will fulfill her all matrimonial obligation but she will not stay with me, I should take care of my wife but she does not want to come. My inlaws on phone was saying that she is mentally disturbed and we are entirely responsible for that but videos shoot at our home clearly indicate that she is very happy and enjoying with us like she is dancing, happily giving pose etc etc so how suddenly she can go into depression???? So what to do in such type of case. After her suicide threat me and my mom are really scared.
Can I show what's app messages in court as an evidence that I did every thing to make her understand and also videos that she was living happily at our home
1) convince your wife to consult a psychiatrist
2) your wife may need treatment for her depression
3) you may seek custody of your daughter but generally custody is given to mother
4) court can award you visitation rights
5) you can file petition fir RCR under section 9 of HMA if you so desire
You can rely upon what app chats and videos in your possession
Suicide threat can be a criteria for unfit parent ??
Wife constant threat to commit suicide amounts to mental cruelty and is ground for divorce
2) it also indicate she is suffering from mental illness and needs treatment
3) take plea that she is not fit to take care of child and can harm the child
Take your wife to holidays and stay separately with her to workout this marriage.often it is found that if the couple stays in private a,d away from near relatives the disputes subsides.
Other wise you will have to wait patiently till she changes her mind and come back to you.Since there is a minor daughter I don't think there is any immediate threat to the marriage from either of you.
Hi, you can file for restitution of conjugal rights in court .. It is a civil petition where courts try to settle the disputes between husband and wife through mediation proceedings ..
1. Since your wife has deserted and abandoned you without any sufficient cause, you should file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act. File an application for interim custody of your child in this case itself.
Dear Concerned,
A - You should file a case for restitution under present circumstances.
B. Yes if you have the Text messages sent by her stating she will commit suicide - in such situations you may claim for custody of your minor daughter. But please note if your daughter is younger than 5 year or you do not have any female member like your mother at your home - it would be difficult for you to claim custody.
C. On the other Hand you may choose to STAY as it is - DON'T Connect with you wife - she has abandoned you not you - just dont get in touch with her - do not file any case - soon she will realise her mistake and will come back.
Please note asking husband to stay separately from parents falls under definition of cruelty along with such desertion . SO - just ignore her for sometime - she may realize to come back .
Best of luck
Hello,
If you just want to show those whats app messages as a reason to show that you always wanted her to come back I am afraid the same will not suffice. If you actually want her to get back you an file a case under section 9 of the Hindu Marriage Act. Videos you can reply upon.
yes suicide attempt can be a criteria for being mentally unfit.
Now it is your call to decide that whether you want to live with her or you want to file a divorce. As per your call further legal advise can be rendered.
Regards
Since I can't leave my house as I am well settled and there is no one to look after my mother. What my wife is saying that she does not want divorce, she don't want to stay with us, she don't want to hand over minor daughter to us who is 7 month old and she want to transfer her job to her parental place and her father and uncle will look after our minor daughter as her mother her self living separately. Now my querry is that she refuses RCR on ground that she want transfer to her parental place. How can I proceed for divorce. Since she already took transfer to our native place and 3 year had not been elapsed since so can I use delebarete transfer with out informing husband as a plea for mental cruelty. Since she is away she have not informed me regarding her transfer application. It seems to be that she want to stay with her parents
You can file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3)contract a local lawyer
She can't refuse RCR on the ground you've mentioned. You've the option to obtain either divorce or restitution. You've sufficient grounds to obtain either, it's you who is responsible to take a final call as to what to do.
If she is not responding to your approach or legal notice asking her to return, you may file a RCR case against her seeking the court to direct her to return to the matrimonial fold.
In addition you may file a child custody case in her home town where the child is currently residing and also an application seeking visitation rights to visit her periodically till the disposal of the child custody case.
Can I show what's app messages in court as an evidence that I did every thing to make her understand and also videos that she was living happily at our home
The whatsapp messages cannot be taken as admissible evidence, but it may be corroborated as secondary evidence
Suicide threat can be a criteria for unfit parent
Suicidal threat can be pleaded in the child custody case to depict her unstable mind.
If you have already applied for RCR and there is no progress in that case, you may plan to file a divorce case on the grounds of cruelty and can even withdraw the RCR case.
I have filed RCR but seems to.be no result I want another try by bringing back minor child who is 7 month old. Since my wife said to me on whats app.that she will commit suicide if I did emotional torture to.her and she is not well also.can I take these words seriously to claim my 7 month old.girl back as my inlaws themselves claimed on phone that my wife is having some mental.problem.which I have recorded.my minor daughter was living happily with us and me,my mother was taking care since.she was.being feed on.bottle.milk.I.have my permanent house and my wife is sbi govt employee.in my wife family their parents living separetly and at present staying with her father.what I think.either they are making me.fool or my wife really have some.problem .so how to claim.child custody and on what ground??????
If she's mentally unstable, that's sufficient ground to obtain custody of your child. That's because due to her illness, she's I'll suited in comparison to you to provide the much needed love, support and a healthy Environmental for upbringing of your child.
File a petition seeking custody.
1) frankly if child is 7 months old court would not award you sole custody
2) court would award you visitation rights for the child
3) welfare of child is paramount consideration
4) RCR cases take 5 years to be disposed of
You can file a child Custody case and also file an application seeking visitation rights as an interim relief.
You can put all those things which you feel is detrimental to the interest and welfare of the child.
The separation of her parents and her employment as well as her mental illness can be strong grounds in your favour for the child Custody case.
Claim of 7 month child will not be given on the ground as being described you.
you may claim child custody only on the ground of welfare of child, so try and show to the court that why it will be good if the custody of the child is given to you. Bear in mind that upbringing of the child is of paramount importance while deciding the case of custody.
regards
Sir at present my wife staying at her parental.place which is a typically remote hilly area where up.to.2 km.u can not .drove even.a bycycle from.her place.in case of an.emergency if god.forbid something happen.wrong to infant daughter they cant give immediate medical facility.more over minor daughter away from.own parental.home.I am.residing 3 km.away from main city and.I.have my own vehicle and can respond immediately and even in my absence too.because we have a joint family having 5 female members 10 male members and 5 small children all.residing together. While this.scenerio.is totally diffrent from.my inlaws place.they themselv are living at remote hilly area and.only 1 male member ie my wife father is living with her and both.are employed in bank.I dont know why my inlaws.and.my wife doing like that .can.this be a strong point to.claim.child.custody.as.they forcibly took.my.daughter from a safer environment and promised.that they will.return my wife an daughter soon.
Yes this is a very strong point to claim custody, as told earlier welfare of the child is of the paramount importance.
You may go aheadand file a case for custody, please bear in mind that the case for custody will be filed at the place where ward is living.
Regards
Yes, you just have to demonstrate before the Court that you're positioned better than your wife to look after the child. Not only you can extend financial support for all his needs, but also his physical and emotional needs can be well taken care off by you and your family.
Since your child is only 7 months old court would not award you child custody
The information what you shared here may be pleaded before court and convince the court your plight and sufferings.
You have to penetrate deep inside to achieve your goal.
I recently came to know that my wife has taken transfer near to paternal place and she and her parents has cheated me. Because they did not informed me at all regarding their transfer. More over SBI manger where my wife was working told me that she had applied for transfer to parental place when she left matrimonial place and some central govt employee had called them to relieve her immediately. I had send her a leagal notice to come back but she did not informed me about her transfer. I have filed RCR but it will be of no use since she has taken transfer. My query is that though it's her choice to take transfer. But without considering how she will take care of 7 month old baby and not consulting husband for taking transfer and leaving his home and moving to its parental place without informing him and telling a lie about transfer and deliberate deserting after making allegation does it amount to mental cruelty or not???? Could you advice me how to proceed further since my wife have not told me anything about her transfer. Because she can give excuses that she is transferred so can't come to husband place.
In your circumstances it does amount to cruelty as the same amounts to willful desertion.
I you do not want to further live with her you can file a divorce on the ground of cruelty.
Do you have her new address?
Kindly consult a lawyer before filing the case
file for divorce on grounds of mental cruelty
2) wife refusing to stay with husband and applying for transfer to her parents place amounts to mental cruelty
3) with draw your RCR and file for divorce
You could file a habeaus corpus writ petition in the High Court if you wish to seek immediately custody of your minor child.
The court can also refer the parties to mediation and the process of mediation can impromptu your Marital ties with your wife.
Ok I will proceed for divorce filing. But I have only following evidences to prove mental cruelty 1) on what's app messages she was saying to get separated 2) she used to constantly fight on what's app messages during her banking hours making base less allegation like you don't love me, I had created her bad image in the society, my mother is a fake lady, constantly poking me that what ever people are messaging to her and saying it's intentional and I am responsible, I did household work and you did not cared for me, etc etc 3) I informed her that I need to go for surgery but she said that I she will not come to my place rather I should come to her uncle place. 4)she is saying on what's ap messages that she loves me and my mom and she can take good care at her paternal place but not telling whether she had taken transfer or not and still putting allegation 5) she did not came for karwachauthhhh though she is saying she loves me but don't want to live at husband place. 6) I messaged her on what's app to come for Diwali along with minor daughter she has blocked me on what's app messages 7) last but not the least she has taken transfer just due to small trivial issue 8)Can I apply for writ for haebus corpus still though she is at her parental place and using her bank job as a tool not to come back, hiding fact 9)Can I plead to the court for her mental check up because kind of allegation she is making a mentally sound person will not make and do her transfer???? If yes what's the procedure 10) since I am in merchant navy and I have my own house. Is am the only son now to look after My mom who is60 years old now and we have been staying at our place since last 60 years. So I can't leave my residential place at any cost and I need some one too look after my mom. Can I plead before court to allow me for second marriage if my wife not willing to give me divorce after transferring her job. After all this my mom is sick now and I am not able to join my company
1) second marriage cannot be performed during subsistence of earlier marriage
2) you have to obtain divorce then only remarry
3) you can make application in your divorce petition for complete medical check up of your wife
4) no writ of habeas corpus is maintainable
Divorce can be obtained on the limited ground that your wife has got separated for you just for the reason that did not wishes to reside with the inlaws under the same roof; and because her demand to live separately from the inlaws was not entertained by you.
This in itself constitutes a sufficient ground of divorce.
Yes, in the light of the facts you've narrate, you can file a habeus coprus writ petition against your father in law saying that he has wrongly confined your wife and kid .
Hello,
Habeas Corpus will not be an appropriate remedy however you may take a chance. Please consult a local lawyer to ask about the view of the court, i.e., it is lenient or strict.
Yes you may plead the court for the mental check up.
If the wife is not coming back then that amounts to cruelty and that is the ground for divorce, the court will not deny it at the first instance.
So go ahead and file the divorce case.
Best of luck.
Regards
Hello wrt above discussions I consulted local lawyer and he said that court has strict view on haebus corpus.So in order to claim child custody who is 7 month old on following facts 1) child care was taken by me and my mother as my wife was working in sbi bank so it's obvious we took minor child care in her absence 2) she use to neglect child as she was more interested in taking tution after banking hour 3) I have record of emotional care being taken by me when my wife had left my matrimonial home though later we handed over my daughter to her. 4) I have suitable and anchored home near main city while my wife is at remote location with her parents at present 5) I have a joint family where all uncle aunt sibilings live 6) my wife parents living separate and her father himself employed in bank and my wife too. 7) I have audio record where my father in law saying that my wife is not mentally well, she is waking up at night blabbering something and saying different words to every one and same problem is faced by my mother in law so I should leave her separate. Wrt above if I claim child custody temporarily then onus will be on whom to prove mental illness 1) by me or my father in law who is saying that my wife is not mentally well because it's already 1 month now my wife has not returned.
You have to prove wife is suffering from mental illness
2) it is your case that wife is not mentally fit to take care of child hence you have to prove your case
As per the provisions of the Indian Evidence Act When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Therefore if you will claim the mental illness then you will have to prove the same but in the present claim you will not allege mental illness but you will claim the same on the basis of the statement of your father in law.
Regards
The activities of your wife about this transfer and not informing you about all these no doubt will constitute mental cruelty but how are going to prove it because the transfer of place of posting is the exigency hence it cannot be challenged.
Hi I would like to describe the following incident My wife joined SBI bank nainital in 2015 as sbi clerk. After marriage she took transfer to matrimonial home on 5 July 2016. After marriage we used to have normal dispute.on 13 Sep 2017her parents came to resolve the matter and said that they Are taking my wife and daughter and come to their place on 30 Sep to take her back. 14 Sep I spoke to my wife over phone and she was normal and happily talking to me.15 Sep my father in law informed me that my wife mental condition has detoriated and saying strange words at night so I should leave her on separation and should not contact and same is happening to my mother in law. After asking to my wife about her location she stoped contacting me. After that my health detoriated and I was not able to meet them on 30 Sep. Mean time I was asking whereabout of my daughter my wife did not said anything.on 6 oct she called me and her uncle abused me saying that u along with her mother tortured her and did not came to took her on 30 Sep and threatened me of police consiquences.after that my wife did not came to attend family function like Diwali and karwachoth and started making baseless allegation.on 19 oct she informed me that she has got transferred to her parental place since she filed complaint of domestic violence to bank so they considerd their request and she was transferred. Since then she is making base less allegation, using derogatory words emotionally torturing and using infant daughter as a tool to leave our residential place and join her. After asking her location she is saying that she is alone but not telling where she is. So inlaws and my wife doing some game planning. In the mean time my wife has used following derogatory and emotional torture on what's app messages 1 she will commit suicide 2 you wolf shut up 3 chup Kar 4 you and your mother needed a bitch for them 5 you leave your home to meet your infant daughter 6 Tera Kya he beyyyy 7 jaaa tu apne arman pure karrr So these messages shows that she is in mental depression or having some disorder So With these kind of words she can't give emotional well being of my infant daughter later on and willingly depriving my infant daughter of father love and affection. Since she has moved to 110 km from our residance it is very difficult for me to meet my infant daughter. On this case I want to appeal in family court as I have a joint family and can take care of my infant daughter. So what point I can consider on above circumstances
You will not be filing an appeal but a custody case in the family court.
You can consider to add these points in the custody petition and can thereupon attach those extract of whats app chat with the petition thereupon saying that it will be for the welfare of the child if the custody remains with the father.
Regards
SC has held that infant child is not a shuttle cock to be shuffled between parents
2) you can take plea that custody of minor daughter be awarded to you as wife is suffering from mental illness
You've a good case and based on these points, you've great chances to win the custody of your daughter.
Apply for custody of your minor daughter and apprise the Court of all the facts, including the fact regarding her mental illness.
To get your wife back, file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act.
10) since I am in merchant navy and I have my own house. Is am the only son now to look after My mom who is60 years old now and we have been staying at our place since last 60 years. So I can't leave my residential place at any cost and I need some one too look after my mom. Can I plead before court to allow me for second marriage if my wife not willing to give me divorce after transferring her job. After all this my mom is sick now and I am not able to join my company
You can file a divorce case on the grounds of cruelty and in the pleadings you ca mention all those things what you have stated here.
You cannot request the judge in the court seeking his permission for second marriage during the subsistence of first marriage
For child custody you may have to file a separate case.
Wrt above if I claim child custody temporarily then onus will be on whom to prove mental illness
1) by me or my father in law who is saying that my wife is not mentally well because it's already 1 month now my wife has not returned.
The audio or video records are not admissible as primary evidence in court of law.
They may be used to corroborate your evidence in the second motion.
You can simply state the events that took place in the past to depict the cruelty and torturous life, hence he on getting the documentary evidence secured and after that you can argue the matter accordingly
So these messages shows that she is in mental depression or having some disorder
So With these kind of words she can't give emotional well being of my infant daughter later on and willingly depriving my infant daughter of father love and affection. Since she has moved to 110 km from our residance it is very difficult for me to meet my infant daughter. On this case I want to appeal in family court as I have a joint family and can take care of my infant daughter.
So what point I can consider on above circumstances
The reasons she has given in the social media network shall be sufficient besides your pleadings of other issues which pave way to get a favorable judgment in your favor.