Hello, I am married, (not to say happily) but, it's been 2yrs and next april it would turn 3yrs. I have a kid who just turned 1yr and i was forced to have a baby even though i did not have interest in having baby in the first yr itself which i had discussed with my wife and to that she had agreed. Soon after pregnancy confirmed she left my home and she has never turned back home and finding reasons to come home. She always had some or the other problems with my parents and her sister in law and her parents have brain washed her completely and have made a separate home in the same city where i live since its closer to her work place. Irrespective of multiple requests she is not willing to come home and not even showing baby to me and doesn't give it to my parents also, always blames and keeps telling some or the other reason when it comes to giving my son to me or my parents. Now, she is telling she can come over wkends and stay with me and go back wkday to her other house and work. When i ask her to quit job she is not ready, she is not ready to leave the kid in my home and blames your mother is weak and she may fall with the baby, hence, for the baby sake i am not leaving there and your father don't stay in home during the day and i go to work so baby will be alone in undafe hands (with my mom) -- Just allegations and doesn't like my parents so making reasons . How can i come out of this situation from this ? if i have to give divorce and lead a peaceful life is it possible and what is the possible alimony amount that i may have to shell out ? she never cares for me nor my parents and i have a doubt that she might kill my parents if she's back in my home and her parents might look for my parents property as well. I have procured a land during 2012 and it was 4yrs before marriage and she has not contributed a single rupee towards that and i have not taken any dowry nor she has helped me or my family in any regards. Instead, she has taken a loan from my side even before marriage using my credit card for which she had agreed to complete before marriage but she is still paying money towards that closure. And she claims that she had contributed some money to my parents for which she does not have any proof and she just claims. I have been having mental torture since the day i got married to this lady and was behind me to make a separate home and leave my parents and always have problem if i talk to them and spend time with them. Please help me Thanks, Kumar
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1. yes you can file a divorce case, as refusal to live with the family of the husband amounts to cruelty. Also since your wife has left the house willfully and is not coming back you will have to pay less liberty. Exact amount of alimony can not be told beforehand.
2. Also I would advise you to settle the dispute amicably and go for a mutual consent divorce to save time and money, you can just talk to your wife about the same if possible.
Let me know if I can be of further help.
Regards
Dear Concerned,
You case is a perfect case to file RCR , ie application in the court for restitution with your wife - HOWEVER - PLEASE BE ASSURED that any such case may call for many unwanted false cases against you and your family. PLEASE note all the case that your wife will / might file will be false and fabricated cases - even then you will have to protest.
Hence under present circumstances - Please note that you may be tensed and disturbed because of your wife not staying with you or creating unnecessary reasons for you but it can not be tensed then a situation where you might face false cases.
The way out - LEAVE the situation as it is - WAIT for completion of two years of your wife staying separately - then file Divorce on the ground of Desertion and Cruelty - You are being made to stay away from your parents then too she is not coming back - so file divorce as above at a later date.
Best of luck - Stay Blessed.
1. Well,if the she does not agree then mutua divorce which is fastest and smoothest kind of divorce is not possible.Then you will have to file contested divorce which takes lot of time.
2. The monthly alimony is your wife does not earn anything is around 1/3-1/4th of your income.IF she has a job then her maintenance is for children ,if any,only.
3.Stay with your parents.They need youa t their old age.
1) divorce by mutual consent is best option
2) if wife refuses to stay with you file for divorce on grounds of mental cruelty
3) wife refusing to stay with husband amounts to mental cruelty. wife absuing husband and in laws amounts to mental cruelty
4) since your wife is working she would not get any maintenance unless there is substantial differences in your income
5)you have to pay some money towards child maintenance
6) seek joint custody of your child . court would award you visitation rights
Wife cannot compel the husband to abandon/leave his parents and reside with her in a separate residence. This amounts to cruelty and constitutes sufficient ground for divorce.
File a divorce by way of moving a petition under section 13(1)of the Hindu Marriage Act before the Family Court.
As regards to the quantum of alimony, the Court is going to decide that taking into consideration your assets, gross income and social status that you maintain.
You've a good and obtaining a divorce shouldn't be that big a hurdle for you.
Let me know in case you have some other questions.
Best,
Vibhanshu
refusing to perform matrimonial obligation constitutes matrimonial cruelity. In this condition you can see quotes on the ground of matrimonial cruelity under section 13 of the Hindu Marriage Act. She is very much reluctant to live with you in her matrimonial home and also she is very much reluctant to take care of your parents and maintain amicable relationship with your parents or relatives in the matrimonial home. In this condition The Husband can file divorce case under section 13 of the HMA.
If you file divorce petition and divorce is granted by the court. In this case at the time of passing divorce decree the court can order alimony, the amount of alimony shall be decided by the court after taking into consideration all the liabilities and expenses of dependents of husband. Amount of alimony is decided by the court with a view to maintain living standard of wife which she had been in her matrimonial home. If wife is able to maintain herself then she is not entitled for maintenance of alimony. You said that your wife is a working lady therefore she cannot claim maintenance.
Thank you for the Response. I need clarification for this : 1. i have procured a land (for construction of home) in the year 2012 and got it registered in mine and my mother name & i got married in 2015 April. can she seek a share if in case i sell the property now or after divorce? 2. Should i wait for 2yrs for filing on ground of Desertion and Cruelty or now and what happens during the course of filing if she quits the job for alimony ? should i still pay the alimony for my wife .. And, last when can i get my son back in my home as my parents are desperately waiting ! Thanks, -Kumar
1) wife has no share in property standing in your name . you are at liberty to sell the property
2)if wife quits her job to claim maintenance court wold consider fact that wife has worked in past
3)in your divorce petition seek joint custody of your son
4) court would award you visitation rights at least
Your marriage is hardly two years old and you have a kid in this wedlock.
Since she is employed, she may not give in to your pressures easily.
However for the sake of the kid you may try to reconcile the differences between you two by roping in elders from both the sides.
If this effort do not fetch fruitful result, you may issue a legal notice to her to return to the matrimonial fold since she has abandoned the same without any valid reasons and her continuance shall be termed as desertion.
You may also state in the same legal notice that is she is not interested in continuing the marital life anymore, she may agree for the mutual consent divorce..
Even if this step proves to be futile, you may decide about going ahead with the divorce as proposed.
The alimony aspect can be taken up during trial on the basis of her claim and proof to substantiate her claim.
She cannot claim maintenance for herself being an employed person, however she may stake claim for the infant kid.
The court will decide about the quantum on being satisfied about the arguments put forth by both the sides.
She cannot claim any share in the property that belongs to you or your parents.
1. i have procured a land (for construction of home) in the year 2012 and got it registered in mine and my mother name & i got married in 2015 April. can she seek a share if in case i sell the property now or after divorce?
She has no rights in your property during your lifetime.
2. Should i wait for 2yrs for filing on ground of Desertion and Cruelty or now and what happens during the course of filing if she quits the job for alimony ? should i still pay the alimony for my wife .. And, last when can i get my son back in my home as my parents are desperately waiting !
For bringing back your son home, you have to file a child custody case and you can also file an application in it seeking visitation rights as an interim relief.
For filing a divorce case on the grounds of desertion, the period of separation should be more than two years.
You can however file a contested divorce case on the grounds of mental cruelty.
Court will usually award you visitation right.
you can dispose off your property as per your whims and fancies.
if wife quits the job to claim maintenance then the court will take into account this fact that she worked in the past and is capable of working.
Regards
1. No
2. don't wait for 2 years and file this case immediately on the ground of cruelty. To seek child custody, move a separate application under section 26 of the Hindu Marriage Act for obtaining interim custody.