• Mental cruelty by wife and records collected

Hello, my wife has involved other helping hands and two ladies (one maid and one neighbour) local to my locality in Kolkata, WB, She has started abusing me and my parents like:
1. I am bald (although she knew the same at the time of marriage);
2. My father goes around having sex (he is a known veteran musician with clean track record);
3. My mother is a prostitute, who sleeps with drunkards etc.
4. She abuses whenever my parents call and also abuses me unprovoked.

Documents I have:
1. Recordings of the above in computer software and spy camera;
2. Her discussions with the said ladies in CCTV camera and spy camera;
3. Photographs of facebook messenger messages exchanged by her with a college friend (married and with a son) of mine with whom she is involved with since 2017, exchanging photographs of themselves in decent and indecent manners and also my photographs with abusive graphics, taken without my consent;
4. Videos of her conspiring against our family over phone, and one video of her having indecent video chat with someone over the phone showing kissing and exposing leg etc, when the person's wife is reportedly away from home.
5. Snapshot of one boy in chennai saying he was so close to her and now she doesnot reply.
6. Several call recordings by my father last year how she and my mother-in-law tried to put false allegations on us several times but failed to substantiate.
7. Video recording of her telling her mom over the phone in my absence how she plans to separate me from my parents.
We are married for 3.5 years now (married in Burdwan, WB) and I stay with my wife in bangalore right now. Currently I am under mental agony. Reading the above, can I move with mentalcruelty allegation? She is beyond the scope of discussion.
Asked 4 years ago in Family Law
Religion: Hindu

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26 Answers

1) Yes, you can file case against her on cruelty and adultery ground for divorce.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can file for divorce on grounds of mental cruelty

2) wife abusing husband and in laws amounts to mental cruelty

3) will alleging mother in law is prostitute Amoy ya to mental cruelty

4) wife forcing husband to stay separate from parents amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Wife has no share in property standing in your parents name or your name

2) she can only claim right to stay in matrimonial home

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. You have all the evidences;

2. File a police complaint against her before she does. Also make sure there is no property in your name (transfer for the time being to a relative's place);

3. Then file a divorce under the grounds of mental cruelty, mentally insane and adultery;

4. Burn the audio and videos on a CD;

5. Consult a local divorce and criminal lawyer immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

First of all you should move a complaint to SSP after that file a Divorce petition u/s 13 of H.M.A on various grounds like Cruelty which is of two types 1. Mental cruelty 2. Physical cruelty, as well as you can drag your wife by implicating her that she is suffering from mental disorder & psychopathic disorder.

On above-mentioned grounds u get divorce from your wife.

she can not claim share in the property, but she can claim the maintenance. She can go for enhancement of maintainence depending upon the circumstances, particularly the nature of the property and the income from it.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1) She doesn't have any rights in your father's property and nor your till you're alive.

2) You can ask those same application papers with HR.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. You shall have to decide as to what do you want to do with your stated matrimonial relationship with your wife keeping in mind that divorce is the 2nd most stressful even in one's life and you never know whether your next partner will be any better.

2. However, if you decide to terminate the matrimonial relationship you are having with your wife, you can file a divorce suit on the ground of cruelty.

3. If possible, negotiate with her for jointly filing mutual consent divorce petition on agreed terms which will be decided with in 6 & 1/2 months from the date of its filing.

4. The divorce suit can be filed at the place where your marriage was solemnised or where you two last resided together or where she is currently residing.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. As per Indian law, wife can lay no clam on her husband's properties, leave apart father in law's properties, during the life time of the husband. She can claim her share after demise of her husband, intestate.

2. You have adequate evidence to prove her cruelty on you for which you can file the divorce suit as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Hello,

Yes you can file a case against her for criminal intimidation.

Also, you can file a case of divorce on the ground of mental cruelty against her.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

She can not take the property that belong to your father and neither can she take property that belong to you.

File a complaint against her and a case of divorce on the basis of the evidence that you are having.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You may proceed for divorce under conditions of cruelty.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir based on the above allegations you can get a divorce from her on ground of mental cruelty the video and other proof can be presented before the court to substantiate your allegations.

File a divorce case in Bangalore under section 13 hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. She has no right on your as well as your fathers property. There is no such law or SC judgement.

2. further false complaint also amounts to cruelty,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir she is Not worth to be a good wife.

U have all the evidence proofs.. then immediately file for contest Divorce.. on the ground of cruelty and Adultery.

She can't claim any property protion from u..and Ur Dad..

For more details call me.. I will help u.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Sir I would suggest you to stay separately and file a divorce petition in case she files for maintenance it can he contested on ground that she is well educated and intentionally doesn't work to extort money from you

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, after the recent Supreme Court judgments, it has been clarified as if wife abuses your parents then it may also amount to the cruelity to husband.

Secondly, the evidences that you are having would be sufficient to prove cruelity on her part.

Thirdly, file a divorce suit as soon as possible because she files any false complian you or your family member.

Fourhtly, once you file divorce case then if she files any false criminal complian then you would have an edge as she is doing it to get revenge from you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Generally maintenance is fixed as 1/3 of Husbands intake income. So,better increase your liability through expenses on monthly investments like EPF,GPF,VPF,Life Insurance,Medical insurance, or long term investments on the name of your parents to just minimize the maintenance amounts and on these investments she can't claim any stake further by any means in your life time and even after your death if you have not nominated her.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You may go ahead and file complaint against her and take divorce from her.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty and adultery

2) wife guilty of adultery is not entitled to any maintenance

3) you have to prove allegations made by you in divorce petition

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Hi,

your life is just pathetic and in these conditions, you may not file divorce too. First take her to marriage counselor and ger her treated.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Dear Sir

You have to take protective steps against your wife to see that if she files any such case you should be safe.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) If she does any cruelty or adultery axt against you keep records of those and make complaints in police station along with proof.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. It is further stated that you shall have to decide as to what do you want to do with this matrimonial relationship you have with your wife.

2. If you want to get out of the said relationship, file a divorce suit against her on the ground of cruelty submitting evidence in support of your allegation.

3. You can file the divorce suit against your wife even staying in the same house.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

We are married for 3.5 years now (married in Burdwan, WB) and I stay with my wife in bangalore right now. Currently I am under mental agony. Reading the above, can I move with mentalcruelty allegation? She is beyond the scope of discussion.

Unfortunately you cannot file any case for mental cruelty.

However you can file a contested divorce case for mental cruelty and her acts of adultery.

You can also file a defamation cases against her for her acts of false propaganda about you and your family members without any base but with an intention to defame all of you.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

She cannot take any property from you.

There is no ruling by supreme court entitling her to have your properties.

The documentary evidences which would prove the loss of your job due to her false complaints will go a long way to prove her avenging activities and cruel mentality.

You can file a contested divorce to get relieved from her permanently.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

If you are living in a rented house, you better silently shift your residence away from this house by gradually moving all your items and leave her live and toil in the same place.

It is not necessary that you both should live in a separate house for filing a contested divorce case against her.

You should not be worried about any kind of threats that she may pose, you may be firm in your decision to divorce her so that all her subsequent acts of spoiling you and ruining your future also can be very well taken care.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

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