My wife doesn't want to live with me nor she wants to divorce me
I got married on July 2009, that time I was working in Pune. We were blessed with a baby boy on Sep 2012. In the year 2014 owing to some differences my wife came back to her parents at another city Raipur. Being lonely and frustrated in Pune, I decided to come back to my hometown (another city called Bemetara, about 70 kms from Raipur). I started working as a freelancer along with local business which by the God's grace succeeded.
In the year 2016, I decided to let bygones be bygones and talked to my wife and she agreed to live with me but not on my ancestral home instead on a rented place. Her intention obviously was not to live with my parents but I thought its OK.
While living together she asked me to extend the family but I didn't wanted to add another member so I refused. She got pregnant probably on Oct 2017 which she didn't inform me until second trimester. But I thought its OK if we are getting another family member.
On 14 Feb 2018, she accused me of bigamy and has moved to her parents home again with my son who now is five and half years old. I called her and she said that she can't live at my hometown, she will stay with her parents until the new baby is an year old and after that she will think whether she want to continue living with her parents or to Pune. And if I want to stay with her and my children then I should also move to her parents. I went to her parents home, there her father abused me and they called the police and started accusing me of 'domestic violence' and 'multiple abortion without her consent' to the police. Later on they filed a police complaint against me for domestic violence.
I filed a PIL under Section 9 of The Hindu Marriage Act, her stand is that she doesn't want to live in my hometown and also doesn't want to give me divorce or any child.
I obviously can't move to my in laws house for both personal and professional reasons.
What options do I have now ?
Asked 6 years ago in Family Law
Religion: Hindu
Thanks for so many answers.
I personally know my wife, she will never budge.
So to be more specific considering my situation that my wife doesn't want to give me divorce and she doesn't want to live with me how can I get my child back ? I am neither too much interested in getting divorce nor want to live with her. Also considering our judiciary system all the process suggested so far may take years. It took me more than a month just to get a date from court !! What is the fastest process either for my child custody or for divorce (I hope with divorce, i can present my case for child custody in a better way) without my wife's consent ?
Asked 6 years ago
In response my RCR petition my wife has filed a section 24 where she has again accused me of domestic violence and has asked for a hefty maintenance amount. She had earlier filed a case of domestic violence with police but police found that they are lying so case was dismissed and sent to women cell for reconciliation. When the women cell called them they refused to come for any kind of reconciliation.
Now what happens to my RCR petition?
Do I need to prove my innocence in the case of domestic violence ? or is it her responsibility to prove?
If proved or not proved, do I need to pay hefty maintenance amount ? Whats the maximum maintenance amount generally under section 24 ?
Can I file for divorce on the basis of mental cruelty ? If yes how can i prove it and how long will it take?
My wife is misusing the law, can I file some criminal case against her ?
Asked 6 years ago