Dear Sir,
My answers are as follows:
1. My wife dont want me to stay with my family,is it legal or illegal to force a husband to leave his parents and stay with wife alone.
2.
Ans: The Supreme Court says it is ground for divorce for husband.
3. She has mental issue,never speak normally either on phone or when staying together? Always argued which leads to fight.
Ans: Either adjust or get divorce or take her to marriage counseling.
4. During argument always threatens to suicide and has a history of suicidal attempt just 15 days before marriage.
Ans: File a complaint before police and let it be on record so that no issue is made if she really commits suicide.
5. What is the legal way to get rid of suicide threats?
Ans: File a complaint before police and let it be on record so that no issue is made if she really commits suicide.
6. She is staying away from me and went without my consent to her fathers home. What shall i do if i want her to warn her against her ill treatments to me legally?
Ans: Issue a legal notice for Restitution of Conjugal Rights as a bonafide effort.
7. I dont want to continue this marriage considering her very cruel mentality on daily second to second basis, please advise.
Ans: Then get marry another woman without divorce as Muslim law provides it provided you maintain her.
1. Do i need to show any proof that she wants me to stay away from parents? She fights fights and fights and her relatives comes and suggest me that because u r living in ur home of parents u should stay separately. I dont have any written proof,they ask me verbally after fight and ( be informed that during whole marriage period i was in qatar and she was in her fathers home, always fights over phone and when i came back for vacations she joins me hardly she stays 180 days with me that too going to parents home twice a week).
Ans: Oral evidence of yourself and relatives is sufficient.
2. Is she asking me to give divorce atleast once a month over whatsapp over last two years can be a reason to divorce her?
Ans: It is a good evidence, make use of the same.
3. I have a kid as well. I send her money over last two years by western union on regular basis on an avg 8000 per month, no receipt with me now and she claims again that i dont give any money for kids milk as well to make drama.
Ans: Get proper payment vouchers from the said bank if possible.
4. How to file a NC for suicide threats? Do i need to give them proof of msgs on my whatsapp i have that she is always saying i will end my life.
Ans: Criminal law know no documentary evidence. Oral statements before police are sufficient.
5. If incase she files fake cases against me and my parents for harassing her (even though i can prove that she stays in her parents home and i stay in qatar, we meet only on vacation time) what shall i do to defend myself.
Ans: Just apply for anticipatory bail. Just get issue a legal notice as a protection for future.
6. During my abscene she dont want to stay in my home for even an day, she always stay in her parents home and goves reason that when u are not in your home what shall i do there? Is this is her legal right? Or i can warn her legally about it?
Ans: Please see following judgments.
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India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
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In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.
Muslims can legally have more than 1 wife provided that each such marriage is done according to Sharia, which is also known as Muslim Personal Law. Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage.
Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.
You go to the police station and convince them or take sufficient time to be present before them. Nothing wrong you have done.