• Cruelty and mental harassment by wife

Hi,

My wife acts are cruel to everyone in my family especially to me and my father. She has been mentally harassing me from past 2 years in every situation including if I am helping my father and mother to bear day to day expenses (we stay along with my father, mother and sister in same rented house). My wife is earning 27000/- per month still she continouesly harass me if I am unable to pay her monthly expenses. I am taking care of house rent, bills, loans emi and my father is taking care of other household expenses. I have never asked for any financial support from my wife even in my crucial times but still I frequently come across comments like " teri aukat nhi thi merese shaadi karne ki " by my wife if I ask her to wait till my next month salary.

My mother in law also frequently call my mother and harass her by saying that what have you done for my daughter apart from providing food and shelter and teases her by saying " what is the use of your son's salary if he is unable to provide monthly expenses to my daughter".

Recently I have changed my job to increase my salary and started providing monthly expenses regularly. But there also if I am giving her 10000 instead of 12000 she again started accusing me where is the rest 2000 next month I want 14000.

Lastly, from past 2 years there has been incidents where she has been mentally torturing me and my family by throwing food, utensils, mobile phone etc in front of everyone. She has also tried to slap my sister once and have slapped and kicked me many times.

My wife and in laws also discriminate on the basis of caste, religion, region, wealth and physical appearance which I have never liked and have asked them to stop but in vein.

I will also mention that I belong to middle class family but with high reputation in my city and in my profession. I have also grown from no money in my pocket to the ability to run my family of 5 members by concentrating full hearted on my career, which is now getting affected from past 2 years and had to change my job just to increase my salary.

I am a strong believer of law and make others aware to completely follow the traffic rules (because many lives can be on risk if not followed) and to pay income tax legitimately. My has fought with me a couple of times if I ask her to follow the traffic rules completely.

I have mentioned my situation and I am confused in how to pursue this relationship further with all the above situations which has happened in last 2 years.

Please also suggest is it really necessary to give monthly pocket money to my wife even if she is earning successfully?
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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14 Answers

1) If you both are living in the same house and you are running the all house expenses than there is no need to provide additional expnses to wife. 

2) You can give money in the house who is the karta of the family. I see in your house the Karta is the your "father" so you have to give all your salary to him and he will later provide or will give pocket money to all members of the family like this its work.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife physically assaulting husband, sister in law amounts to mental cruelty 

 

3)since your wife is earning 27k no need to pay her any pocket money as household expenses are being borne by you 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

See firstly she is earning and you are not in a mechinacal mechanism that you give your wife expeses compusorarly she is earning and she can support you instead giving you this kind of troture and hampering the relationship.

 

See i will not ask directly to leave , divorce but yes will definetly ask you to take slow steps to make her realise that you are also as important as her in this relationship and not a machine just to give all money, further go for some marriage counseeling if viable if nothing works out then ask her for a mutual divorce if she is not ready with that also then go for contested divorce on ground of the cruelty.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Cruelty is one of the ground for getting divorce. You can file for divorce before Court for divorce on basis of cruelty..

working and well earning woman not entitled for maintenance.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi, legally a wife cannot ask for maintanace from husband if she is earning by herself ... You can simply deny to give her money , as legally she is not entitled for the same..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You have to think on this relationship because as you write, her behaviour is very cruel to you and your family

On the ground of cruelty you can file divorce case,

If she is earning or not pocket money is not compoulsary by law and order it's depend on you and your earning

Dimple Jain
Advocate, Jodhpur
222 Answers

First of all, if it's becoming extremely difficult for you to continue in this torturous relationship,I'll advise you to apply for a divorce against your wife citing the mental cruelty being subjected to you.

Now coming to your query, it appears that your wife is earning sufficiently well to take care of all her needs. Moreover, you are not even asking her to contribute/share her salary towards household expenses. Hence, you are not mandated to extend any financial support to her.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is no rule for pocket money but you need to provide maintenance to the wife only if the court orders the same. In your case id she is torturing you then you can file divorce against her.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The contested divorce can take 2-3 years. 

See you can have messages, vedio audio recording she threatening you abusing family fighting, wanting to live seperately from parents.

Yes the converstations can be regarded as proofs.

 She is earning so  if she ask for any maintenance same has to be contested on grounds that she is earning , qualified, you have liabilities.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Contested divorce proceedings take 5 years to be disposed of 

 

2) you can rely upon messages exchanged on what’s app to prove allegations made against wife of mental cruelty 

 

3) take the plea that wife is highly qualified and working earning Rs 27 K per month 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Divorce petition may take 2-3 years to conlclude. This also depends on whether or not your wife chooses to contest this case.

2. Yes, these may adduced as evidence.

3. By building pressure on her through your litigation technique. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can do so under section 13 1 (a) of the Hindu Marriage Act . Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

I have mentioned my situation and I am confused in how to pursue this relationship further with all the above situations which has happened in last 2 years.

If you are confused about continuing this marital relationship with her anymore, you may consult a marriage counsellor in the local and get his advise instead of getting frustrated everyday with her unberable tortures.



Please also suggest is it really necessary to give monthly pocket money to my wife even if she is earning successfully?

There is no necessity for you to give her any pocket money. Since she is being taken care with food, shelter, cloth at your home, also she is earning well, the habit of giving her pocket money besides all these is not a good habit and not advisable.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

What will be the duration of the process if I file for a divorce?

It may take at least two to three years to get this divorce case disposed, if it is a contested divorce.





What proofs are required to prove mental cruelty? I have few conversions on whatsapp with my wife in which she has commented disrespectfully about me, my father and sister a number of times. Can these conversations be regarded as proofs?

You cannot produce substantial evidences to prove her acts of cruelty, however you can rope in your father and sister as witness to establish your pleadings against her and get the case disposed successfully in your favor.








Also what will be the way to tackle any alimony claim by my wife and if any huge maintaince amount is asked?

Since she is also employed and earning a handsome salarymay refuse to pay any alimony to her.
You prove her salary and employment details before court to deny her claim for maintenance









T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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