• Wife showing cruelty against me and my family

Sir my wife is showing cruelty against me and my family....after on her wish ,sepration from me from last three months....here brother is keeping her in his coustody from last three months,he and his family incuding my wife did not giving  us telophonic call from last three months.....my family and me make here family and even my wife understand a lot to come back...to home,as you and your family told us that we will send back rajni(My wife) when devinder(Me) get setteld ,now i got setlled but they are still anyoing to get here back,ilegally here brother is keeping my wife in here coustody...me and my family love here a lot...but she is not coming back....she got angery with me on no issue...now sitting in here home and making wrong allegation on me that my husband not phyiscally satisfied me and he is not finacially strong....as we have already told them before marriage that my salary is less but ya it will increse slowly.....sometime she says to here family that i will commit sucide if you send me back....i will not divorce here as there is no reason..what punishment will court give here and here family who are involved in here cruelty....againd my family(It was arranged Marriage,its two years to our realtionship)..no dowry was demanded from me and my family(We are against dowry)

Suggest me if my family  talk tohere realtive regarding all such things she is doing with me and my family...is it fine na.....it is legally fine or not....we just want that here realtive who also knows that our family is good...make here and here family understood that what is the wrong they are doing with my family....we dont want to go court..as it is not a good thing...here brother is very cruel and supporting here ,whatever cruelty she is showing to me and my family (Below there is a mail we have sent to here brother..please read it...............here brother name is Dinesh..living in mumbai)

1)Mr.Dinesh as we already had family conversation in Surat (23Nov 2014 last year),regarding some 
misunderstanding that Rajni and your family had for me and for my job. At all point of time we tried our 
level best with full honesty that she should come to Delhi with our family for better future and family 
prospectus as things are not up to mark as both of us have expected as if we would have settled in 
Surat (for which my family have happily permitted).
Finally she didn’t understand and as per wishes of you and your father she willingly gone with you to 
Mumbai. At last your father told that let me( Devinder) go to Delhi and settled by getting job and 
afterward you will be bringing Rajni back to Delhi. Now I have already informed Rajni/you and your 
that I have got a good job and settled, but we have not got any response from you/Rajni despite of 

2)Again in Delhi,(23 January 2015),when your father came to our Delhi Home, I and my parents all try 
our level best to make your family understand ,that Rajni should come back to Delhi, as she already 
better job opportunity here, which will be good for both of us for resettling in Delhi,since surat 
doesn’t proved fruitful .Your father again promise that we again try to convince her.We even told 
your father that we are always trying to make phone call to Rajni/her brother Dinesh and other family 
members in Mumbai, But nobody even taking the phone calls, which is not a good indication for clearing 
misunderstanding. Despite of repeated efforts again we have not got any response from Rajni/you and 
from your family

3)Even Today me and my family are waiting for your response, even though no fault of mine , my family 
and me making all our commitments fulfil as demanded by your family. We have tried a lot to make this 
relationship(I,e mine and Rajni) healthier in all respects, but all seems to be in wain. Now matter is 
all in Rajni /you and your family hand.

Asked 3 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
Hi, if you want to divorce then you file a petition for divorce on the ground of cruelty as your wife is initiating cruelty to you and your family members so on the ground of cruelty you can file a petition for divorce.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1) it appears that your wife has no intentions of leaving mumbai and stay with you in delhi . 

2)your wife has threatened to commit suicide if she is forced to stay with you 

3)further she refuses to divorce you . 

4) your best option is to file for divorce on grounds of mental cruelty . 

5) once you file for divorce court will refer case for counselling . 

6) if there is no settlement you can proceed with your divorce petition
Ajay Sethi
Advocate, Mumbai
45570 Answers
2677 Consultations

5.0 on 5.0

Dear Querist

if you want to live with her then you may file a matrimonial case u/s 9 of Hindu Marriage Act-1955 before family court for right to conjugal right, if she will not came before court or will not come to live with you after court direction then you may file a divorce case against her before family court based on cruelty and desertion. as per section 13 of Hindu Marriage act-1955.

again try to settle the matter with the help of the elders and relatives, if there is any chance to save this marriage.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. In the given circumstances you can file for divorce on the ground of cruelty.

2. Your wife will get an opportunity to contest the divorce case filed by you.

3. She can also hit back by filing cases of dowry harassment, domestic violence and assault against you.

4. The court can refer the matter to the mediation cell where an attempt will be made to reconcile the differences, failing which you can continue your divorce petition on merits.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1. Your wife does not want to come to uou,

2. She has stated that she will commit suicide if she is send back to you,

3. There is no law in our Country which can compel your wife to rejoin you despite her unwillingness to join you,

4. Settle the matter amicably and try to convince her  since there is no other option left before you,

5. If she does not want to rejoin you, file a mutual consent divorce so that both of you can further move on in your lives.
Krishna Kishore Ganguly
Advocate, Kolkata
18504 Answers
448 Consultations

5.0 on 5.0

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