• Want to give diverse from my wife

I(32) got an arranged marriage before 2 and half years. My Dad(65) Mom(61) my wife(28) Me and my Daughter(1 yr) lived together in one home. From begining to now ,My wife does not know how to cooking,cleaning,accounting my shop Accounts(she completed B.com) .She always feel uncomfortable in my house, Even she could not receive properly if any relatives from my side when come to my home. But she Receive people happily from her side My wife fathers house is just 2 minutes walkable distance from my house . At every menses time she said she get high bleeding so she cant live in my home ,so she went her home live for week to 10 days(Every month).After delivery (birth of my daughter) she came to my home after 5 months,on that time my mother said to her, now u was not a child you had a baby so keep your mind properly while doing work ,and need to receive people properly with smile. my wife get an ego from that day after 2 months she get menses my mom said this is not correct to go to your home now but my wife said no i can not stay freely here and went her home .After 1 week her father called my mother and said his daughter(my wife) was so week and want to take rest here for 1 week more . my mother said u was always saying the same matter if u want to keep your daughter in your home why should you did a marriage to her for that he said i called you to intimate but not your permission.and said i dont want to talk to you and put off the phone. At that time i was with my mother in my house .Then he called to my mobile and said i keep my daughter in my home for 1 week . i asked him why you are talking like that with my mother ,it leads to big problems in my family he said i do according my self i should keep my daughter in my home for 1 month not a week and put off his mobile. From that day my wife should not called to me for 2 months i only called to her to send her father to said sorry to my for his words. my wife said no my dad cannt come to your home you only come and talk to my father and then i come with you . i called to her more and more times but she was not convinced.so i said to her i come to your home u should come with me i did not want your father apology also , but she refused me.we only send the mediater(at the time of marriage) to thier house convince her .she said his mother ordered me to how to do my work why she said like that so i cont come to that house again i want seperate family if he want to live with me he need to come out. for that i said i will not come out from my house i cannt live with out my father and mother they are very old why you behave like this ,and i asked her to come to my house but she refused . 6 moths over she is not interested to come to my house . I asked her for diverse also she said no .Now i want my wife to come to my house otherwise divorce.I don't have drinking ,smoking habits and i am doing paper trading business .please please please suggest me.
Asked 8 years ago in Family Law
Religion: Hindu

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9 Answers

1) you can file for divorce on grounds of mental cruelty

2) wife forcing husband to stay separate from parents amounts to mental cruelty

3) wife refusing to stay with husband amounts to mental cruelty

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

1.Go ,meet and talk to her in person.if possible take her to holidays and then discuss in private ,away from prying eyes of respecitve family memebrs.

2.Married couples often under the influence and misplaced ego of respective families break their own marriage.

3.Give time, love and affection to this marriage. It needs patience.

4.if everything fails then only think in terms of marriage and preferably in mutual divorce.

5. Do Not break this marriage on these issue. Evey marriage survives on turmoil and periodic squabbles.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Respected sir...

You have two options if you want to live with her you can file a petition under section 9 of HMA...Record your statements in court that court can give descion in your favour....Else

You can file a divorce petition under section 13-A of HMA where her consent is not needed ..You have to mention all the things what she is doing to you and your family which is cruelty ...Sir she will file fake cases after your petition so be ready for that also and your prior petition of divorce will work as a defence in your case ..So go ahead.....

Thanku.

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Hi

File a section 9 RCR petition in court and she will have to come .

If still she doesn't come then file 13A HMA for divorce on the and also you can opt to file criminal complaint against your in-laws under section 506 IPC.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, it is advisable to file RCR petiton in court .. It is a process through wich court tries to settle the dispute between husband and wife through mediation proceedings ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Since you wife has abandoned and deserted you without any just and sufficient cause, you file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act.

Send her a legal notice before filing the above case.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

If you want your wife to come back then file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act

and if otherwise you want to take divorce

you can file the same on the ground of cruelty.

Best is you talk to her for mutual settlement of the dispute and separate through mutual consent divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can file restitution of conjugal rights petition in court of law under which court can order for continuance of marriage life and if she fails then it can be converted into divorce petition.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

The supreme court's ruling is that even asking her husband to come out of his parent house and to live separately or else to not to cooperate with him in the matrimonial life is also a form of cruelty.

You can file a contested divorce case on the grounds of cruelty, besides the above grounds, you can add other related incidences in your pleadings for divorce.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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