• Wife and her family insulting on every place

Sir Good morning. Myself Rahul working as bank officer in SBI....got married in 2015.. my parents doesn't want ,,but due to my happiness and choice they sacrificed,. but I chosen the worst life partner in my life ,after marriage she fighted the first day about my family,,,,but I get stopped as I have done the marriage by my choice,,,after that I tried my best to survive with her,, on any issues ,she dominated,,broken her hand and made false practices of dying at every instance,,in the meanwhile I blessed with daughter in 2016 ,,,then she always wanted to live with her family ,not with my family,, I object also but her father threatened me to give application to ssp,,,now a days she is living with her parents as most of the times she does. I feels very helpless about my daughter, because she is is innocent,and I Love him very much,,,. Please tell what should I do as I am in position to get suicide
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

Hello,

There is no point in thinking about suicide rather you should think about solutions which can get you out of this.

I would advise you to first talk to her and the family members so that the things can be sorted out mutually.

If she does not cones back then you can file a petition under section 9 for restitution of conjugal rights.

Re

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1) issue wife legal notice to return to her matrimonial home

2) if she refuses file for divorce on grounds of mental cruelty

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

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Your wife's action of cutting her hand and suicidal tendencies as well as attempts can have serious ramifications for you in future.

You should give a intimation report to your police station stating all this and should keep a copy of the same, so as to protect yourself, if she goes on to file any false complaint against you.

You should also try for couple's counselling sessions, if still want to save your marriage.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Sir suicide is not the option you can file a police complaint against you wife and family for threatening and your wife for intimidating for suicide and false cases.

Further file petition for the custody of the child in the family court along seeking custody alternatively joint custody or the visitation rights. Further you can file divorce case under section 13 Hindu marriage act on ground of cruelty against your wife,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File suit for restitution of conjugal rights in family court. Court after hearing her side of story finds you right then will order your wife to stay with you.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

Answerd by Adv kavery Anand Bangalore.. 1)sir life is not end here ..

U did nothing wrong.. u trusted her and got married for happy life.. but unfortunately she turned everything in worst..

2) if ur wife currently not staying with u ..or most of the time she spends in her parents house.. then file for RCR ..( restitution of conjugal rights) .. court will order her to come and stay with u properly as a good wife.

3) if then also she refused to come and join u.. then file for divorce on the ground of cruelty and desertion..

4) taking Divorce and going ahead in Ur life...from that kind of cruel lady is always better then commit a suicide..

5) Ur innocent child is there... U have to be alive for Ur child .

Pl give RATING and feedback for appreciation

Kavery Anand Pandharpurkar
Advocate, Bangalore
333 Answers
12 Consultations

Not rated

Dear Client,

Better file for custody of daughter and Restitution of Conjugal Rights.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

Now you can solve the problem in two ways. 1 Settlement talks 2. Legal proceedings

Settlement talks:

Marriage without communication, without exchange of thoughts, feelings and emotions is unsustainable.When there is no communication in marriage between partners, except for, about things pertaining to your routines, understand there is inadequate support in your relationship.Lack of communication in marriage leads to divorce sometimes when there is nothing left to share, to talk about between two partners. So you convey your feelings properly and calmly with the help of mutual friends or common friends . Try to settle the matter amicably.

Legal proceedings :

Send a legal notice and ask her to join and live with you in her matrimonial home .If she refuse to come back file a petition to restitution of conjugal rights . The same time file a custody application for child .

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Dear Rahul,

Death is not a solution for any problem. Zindagi ek zang hai and not for give up. Fight for your rights. Don't afraid of any threat. Face it at the cost of your and your daughter life. Now, contact a good local lawyer and file a case for divorce on the ground of cruelty. What she does amounts to cruelty. She asks to leave your parents amounts to cruelty.

You can also file petition for domestic violence and custody of your daughter. Every dark clouds has a silver lining.

Research on ground of divorce etc. and you will find solution yourself and at the end you would be a good defence family lawyer. Good Luck.

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

1) If you love your daughter very much than why you feel like to do suicide. Now you have to fight for her but not actual fight its to live life with her a cold war fight.

2) Ask you wife that what she wants and you are ready to act accordingly, because here time is very powerful, now a days she has powerful days so wait for your powerful days to come by fighting it won't come so by love and affection it will come. Once your daughter start growing a once she understand who is correct and who is wrong than you will recognised it properly.

3) So As of now you better to compromise with her.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1) RCR is useless

2) even if you decree you cannot force wife to stay with you

3) in case false dowry harassment case is filed apply for and obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

First of all you should ensure that you are capable of pulling along with your wife despite such a horrible character.

If you cannot tolerate her attitude or behavior and tortures anymore you can decide to file a contested divorce against her on the grounds of cruelty.

You can also file a child custody case

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Filing a RCR case may not be helpful to you.

If she is not willing to live with you then you cannot force her to come and live with you.

You may better file a contested divorce case ion the grounds of mental and physical cruelty.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

She herself is refusing to live with you, so even if she file false case of dowry and violence, little help to her.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

You need not to worry about the cases first file section 9 Restoration of conjugal rights and see if she don't respond the code will allow it expert in your favour and on the basis you file a divorce petition definitely the mediation and other things will happen in between and if you feel that things are going to be normal then you can backup and take her back to your family otherwise go for the divorce for your peaceful life.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Sir if you want to stay with her then only file a conjugal case otherwise file a divorce and complaint in police station keeping you away from daughter.desertstion and further fights amount to.cruelty and divorce can be seeked.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Before filing the case of restitution, you may give a NC in the police station that you are being threatened.

She may file a case of harassment, dowry etc.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

hello

you can file an RCR application but that would be of no use as she doesn't want to come back but this application will prove that you do want that she lives with you but she does not want to come back.

you should file a divorce case against her. she will resist it and slap false charges against you. you should be prepared for that if you want a divorce.she will file cases of cruelty and dowry against you. in case she does that you should be prepared to file a petition for arrest stay in the HC. if you don't want to proceed ahead with the divorce then mediation is the only option left.

regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

You can file restitution of conjugal right petition against your wife. your wife may also file dowry harassment case aganist you and your famil, but before that you have to file restitution of conjugal right petition, it will protect you and your family. please refer as follows:

Restitution of Conjugal Rights - (Right to stay together)

If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights.

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. The practice has shown that the decree of restitution is a paper decree.

However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer