I personally dont think you should opt for a legal remedy because you may get trapped in various litigations by your wife which may cost you your life and all your hard earnings. Detailed discussion is necessary.
Filing of Divorce Suit 2
Well, in response to my earlier question put on "Filing of Divorce Suit', I have received a number of good suggestions from the learned counsels.Some asked me to go on for the legal battle, while a few others discouraged me from doing so. But mine is the case which I have been suffering from for the last 11 years. So far I refrained myself from the thought of legal separation what for the sake of our child and what for not favouring the thought of breaking the nuptial knot even if I had been just at the receiving end always. At one hand I have been bearing with all her inconsiderate acts, hatred, social abashment, abuses, harassment almost single-handedly, on the other hand I cannot get any co-operation and moral support from my in laws, rather they are blaming me and my family all along alleging that I am not capable of handling their daughter and that whatever their daughter tells or acts are the outcome of mental torture being used against their daughter which are completely baseless. Despite being aware of their daughters' so-called illness and despite the thing that her father too suffers from mental disorder, perhaps, they are employing a tactic of putting me under constant pressure so that I can, under no circumstances, leave their daughter in desertion. None of them came to see their daughter's state and extend help to us during her fasting(5 days) and even at the time she was being taken to hospital despite repeated requests from me and my neighbours(the distance between the two houses is just about 13-14 steps away. Even when it is over 20 days since my wife is admitted in the rehab centre and in the process of recuperation, my in-laws are refusing to take their daughter even for some days after her release from the centre and instead, they are putting pressure on me to take her to the city of my workplace(Kolkata) where there is none to look after their daughter. On the other hand, I cannot take the risk of keeping her at my native place since she cannot adjust with others of my family and also all of my family are completely disappointed and also disgusted with cruel attitudes and aggressive behaviour of my wife and my in-laws. In the circumstances, I could not yet release my wife from the rehab even if she can be released and the rest of her recuperation can be had keeping in a good homely atmosphere. I just cannot bear with all these any more as I am really now shattered in all respect- mentally, socially, officially(being an employee of the State Secretariat) and also financially. I also cannot save my daughter from the blazes of her mothers cruel acts at home despite my best efforts. That is why I have been compelled to think for the legal solution at the cost of the rest of my life. Please advice me accordingly as to if I can seek the judicial help both with regard to place of stay for my wife after her release from the rehab and filing the divorce suit according to relevant act.
Asked 5 years ago in Family Law
Religion: Hindu
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7 Answers
File for divorce on grounds of mental cruelty
2) wife abusing husband and in laws amounts to mental cruelty and is ground for divorce
3) seek sole custody of your daughter
1. You can not keep the wife at rehab for long and sooner than later you will have to bring her back.
2. So you can consider keeping nanny to look after birth your and the child.
3. Since you are the father of the child her best welfare would be to keep her with you . irrespective of cruel behaviour of your wife you can keep your parents who will take care of the child wit assistance of a full time nanny.
4. As I advised earlier divorce suit is not solution on this context.
Sir it situation wherein your are stuck and you donot have many options as your wife at this point need your help she is not intentionally doing it this real mental disorder is real and it can happen to any one so you have two options either take her with you get best counsellors for help with time and environment this can be controlled.
Secondly start leaving separately from her with daughter file a divorce and custody petition under section 13 Hindu marriage act.
1. You can file a divorce suit on the ground of cruelty after collecting irrefutable evidence of her cruel acts on you.
2. Audio/Video recording of her abusive conversations will be considered as digital evidence in support of your allegation against her.
3. You can get her released and keep at your present home while filing the divorce suit against you.
4. You also might take up a new rented accommodation for you now before you file the said divorce suit.
1. As I mentioned before, you are free to file the petition. You are the one who has to take the call. The grounds to file the petition exist in your favour.
2. During subsistence of marriage a wife has the right of residence in her matrimonial home. You can provide her alternate accommodation at your expense, but if she goes to court to seek residence in the shared household in which you reside then court will pass a residence order in her favour unless you are able to prove that her stay in your house is detrimental to the physical and mental well being of others in the house.
The option before you is to get separated from her judicially for the time being or by dissolving the marriage and get legally separated for ever by a decree of divorce.
What you do and how you do it will depend on how you are able to tackle the entire issue.
You can apply for transfer to a different town, migrate to that place along with your daughter, leave your wife either in the same house where you reside now or at her parents' house.
In retaliation they may threaten you with criminal complaints to put pressure on your to take her back, dont be deterred by such tactics.
Be firm on your decision if at all you want to live peacefully for the rest of your life along with your daughter.
