• Divorce

since my wife not listening to myself and also she not going to my parent house.
In respect of above I had warned many time but she not changed mind .
I would like to separate from her because she not respecting to my parents and all my family member .
I have one 7 month child also and I want custody of child also.
Pls advise so I can do needful in this regard.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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17 Answers

Visit a family counsellor with your wife to resolve your differences

2) if reconciliation fails then file for divorce on grounds of mental cruelty

3) wife abusing husband and in-laws amounts to mental cruelty and is ground for divorce

4) custody of 7 month old baby would be given to mother

5) you would be awarded visitation rights for child

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Custody of child up to 5 years, rest with mother, no option, only under exceptional circumstances, she can be preclude.

U can apply for diovrce if she is insulting your parents and refusing to live with in laws.

Refer Judgement below -

https://www.theguardian.com/world/2016/oct/08/india-divorce-man-cruelty-western-thought-in-laws

https://www.ndtv.com/india-news/wife-separating-man-from-parents-ground-for-divorce-supreme-court-1471647

https://timesofindia.indiatimes.com/india/Abusing-in-laws-a-ground-for-divorce-SC/articleshow/47056002.cms

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Please see the following FAQs asked by my client which clarify all your doubts.

===========================================================================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR?

Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.

2. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear,

If your wife is also ready to do the same thing, then it's easy for you to take divorce

from her, for this file a mutual divorce petition in court and after that court will allow

you both to take divorce.

or if she is not ready then file a application in court for divorce on the account of

mental, physical cruelty from your wife on you.

But main question of custody of your child of 7 month old.

So this will not go in your favor, because below 5 years of age child custody

should be remain with mother only.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Please note that the custody of child below 5 years of age can only be claimed in case of some serious problem with wife otherwise the child stays with mother now if you wish to take divorce from your wife you need to be separate at least 6 months before the filing a petition in this regards and you must be ready for the maintenance to be paid to the wife and child you can file the divorce petition on the basis of cruelity and compatibility issues

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

See before taking the step of divorce you can once try to resolve with help of family elders and if needed help of counsellor.

Then there are two ways divorce can be taken if your wife agrees then under section 13 B Hindu marriage act by mutual consent if she does not agree then you have to file a divorce on ground of cruelty by wife by separating from parents and other things.

See in mtual divorce if wife agree to give you custody then you can get custody otherwise for child such tender age below wife is generally given to mother for care protection of child but in case you prove before court that mother is not competent to take care and welfare of child is at risk then custody can be given to you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Custody of child will remain with mother till the child is minor age, as mother is the best natural care taker of a child.

2) Regarding divorce I don't think this is a valid reason for divorce and court will alos not listen or agree on such type of reason.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hi

File 13A HMA petition for seeking divorce.

I would advise you to try making her understand rather than going for divorce.

Rest depends on your choice.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file divorce case as well as child custody case

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

1. "Not listening to yourself and also she not going to your parent's house." is not all that strong ground to seek decree of divorce from the Court of law .

2. It will be prudent on your part to try to convince her about your issues and settle the matter amicably keeping in mind that divorce is the second most stressful event in one's life.

3. However, if amicable settlement is not possible, ask her to sign a mutual consent divorce petition which will,be decided with in 6 & 1/2 months from the date of its filing.

4. If she does not agree for MCD, then file a divorce suit on the ground of cruelty after collecting evidence of her cruel actions.

5. Mother is considered as the natural guardian of her child up to his/her 5 years of age for which you are not likely to get his/her custody at this point of time.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The child custody shall be with the mother til the the child turns 5 years old.

However the father can get visitation rights even though he can file a petition seeking child custody.

If you do not want to divorce her you can file a petition seeking judicial separation under section 10 of HMA,

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

either keep your son with you and then leave her to go to her parental home and move an application against her that she is not taking care of your child after that hv compromise with her. Make grounds that you cn show she does not care your child nd after that file a divorce petition against her at this stage Court ll nt make order in your favour to keep your child as only 7 month child

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Dear Querist

immediately file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 before the Family Court of your area. and also file an application under section 26 of Hindu Marriage Act-1955 for child custody.

apart from the above, you may also file the separated case for child custody under the Guardian & wards Act

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

If you have taken a final decision to move out of this marriage, file a divorce petition against your wife.

File an application under the provisions of the Guardians and Wards Act to seek custody of your child.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can file divorce petition on the ground of mental cruelty against her in the court of law with the help of any local good advocate

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You need to file divorce petition in family. Along with the sand you can also file custody case for your child.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

as per law you cannot stop the meeting and talking of a person to his or her relative.

if you want to get the divorce you can file a suit in the court of law

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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