• Marriage related

Iam 28 year old men, married at August 2015, have 1.8yr daughter, my wife wantedly create issue to stay in my in-laws place. And even her family supports her, if I follow up there family abuse's me and blackmail me to file complaint in women's rights , because of this support she adopted it as routine. and does this when ever she want.
But I struggle to see my daughter.

Please need a suggestion on this
What can I do to stop this happening again and again.
Asked 7 years ago in Family Law
Religion: Muslim

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18 Answers

You can file a child custody case and visitation rights as an interim relief till the disposal of the child custody cases.

you can even file a case for restitution of conjugal rights if she is not willing to return to the matrimonial fold

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Try to settle dispute amicably through an mediator or You can approach the mediation centre In court of your local jurisdiction.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If your wife is not cooperating then you canot take any action against the third person.

She is being fully dominated or tutored or being controlled from a remote location, you may not be able to prove whatever you wanted 

Any action taken by you in this regard may backfire and will be pushed to face more problems, hence allow the things go in its own fashion but you may look for your relief accordingly

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you can visit family counsellor with your wife to resolve the differences 

 

2) in alternative you can ask your parents to have joint meeting with in laws to stop their constant interferences in your married life 

 

3)no need to bow down to blackmail tactics 

 

4) recordthe threats received by you 

 

5) it would help you in case false dowry harassment case is filed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should visit family counsellor or take help of elders in family to save your marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Your wife needs counselling more than anything else.

2. She seems to be immature and due to her immaturity she is acting like this. 

3. Talk to her in her person by taking her to holiday trip . private moments away from family members often work out marriage smoothly.

4. Involve the common family elders to sort out differences.

5. If everything fails go for mutual divorce. Do not get scared of cases as nothing remains of those cases once you get bail which is easy nowadays.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Without going to court you can stop it only through successful marriage counselling. If this does not work then you may file a petition for dissolution of marriage on the ground of mental cruelty. Record her abuses and threats so that you have evidence.

 

2. Be prepared to face 498A and DV Act cases by her if you go to court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

See you can register a police complaint against this intimidation and threat and further file a divorce on ground of cruelty.

Seek child custody citing the welfare of the child.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See just file complaint and divorce once they are at place you can opt for mediation and talk to wife if she agrees to condition you can withdraw the divorce petition.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear that your life has been going through lot just because of the interference of your in laws.
  2. Let me tell you that it is cruelity on husband to force him to stay with in laws as per the recent judgments of the Hon’ble Supreme Court.
  3. Though I understand you do not want to go for divorce as you wasn’t to save your married life.
  4. There are legal ways, but that may ruin your married life.
  5. So, I advice you to please have conversation with them and your wife, if they still don’t understand then try to accumulate some proofs of their threatening to you, and then finally take the recourse to the legal remedy.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Your mother may file DV CASE against your wife and her parents. You can file child custody and  R C R CASE

 Get issue a strong legal notice 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. It appears that you have not gelled well in your marriage.

 

2. You shall have to decide as to what do you want to do with your said matrimonial relationship with yourn wife. Should you continuenit or terminate it.

 

3. If you decide to terminate it, then negotiate with her to jopintly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

 

4. If she refuses to sign MCD petition, file a divorce suit on the ground of cruelty after collecting the evidence of her said cruel acts commited on you.

 

5. Since mother is considered as the Natural Guardian of her child up to his/her 5 years of age, your wife shall have the custody of your daughter at least till she is 5 years old.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can not seek any court order restraining your inlaws in talking to your wife.

 

2. However, if divorce suit is filed, the Court might try to reconcile both og you and at that time might direct your inlaws not to pokem nose in your family matters with your wife.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Querist

You may file a civil suit before the civil court for permanent injunction along with an application under Order 39 Rule 1 & 2 of CPC for temporary injunction. the court may grant an injunction order against them.

 

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hello,

You cannot bar them legally but yes you can take help of a family counselor and ask your wife to sit with you and sort out the problems.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

There is nothing that you can do to stop the interference of the in laws.

Mutual dialogue may help you

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

NO legal action can be taken for the same 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client

File for RCR( restitution of conjugal rights) in family court 

If she won't come and stay with u along with Ur 1.8yr old daughter then u can file for divorce and child visitation Rights... Up to child become 5 years old.. once child turn 5 years old then u can file for child custody.for more details contact me

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

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