• I am facing below problems with my wife, can I give legal notice to ask correction in them?

I am facing below problems with my Wife, Can I give legal notice to ask correction in them?
1. She is not participating in Sex with me. In last 7/8 years hardly we participated less than 10 times.
2. She blackmails me that she will not allow my daughter( studing 3rd standard) to go to school, If I won't fullfil her by then wish. In November 2018, she didnot allowed my daughter for 4 days.
3. She is Not allowing me to take my daughter to my parents or relatives homes.
4. Somes times, she restrics me to talk to my daugher. Or the otherway. Recently, She started motivating my daughter that "dad is bad etc..."
5. For silly reasons, She Shout on daughter (hours of motivation/keep telling the things again and again), If I enter in between, She shout on me and more aggresive on daughter.
Asked 15 days ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Dear Client,

Notice can be served but better you should file for diovrce for denying physical intimacy and sole custody of child. Father is natural guardian of child.

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

Dear client if u send legal notice to her.. then next she may file DV case against u ..

So first u lodge a police complaint about her cruelty..and harrassment.. keep police complaint Number with u ..

Then send legal notice to her..

If then also she won't do corrections in her behaviour then file divorce on the ground of cruelty and mental harrassment..

Kavery Anand Pandharpurkar
Advocate, Bangalore
285 Answers
4 Consultations

Not rated

1)file for divorce on grounds of mental cruelty

 

2) wife refusing to have sex amounts to mental cruelty 

 

3) wife abusing husband amounts to mental cruelty 

 

4) wife instigating daughter against father amounts to mental cruelty 

 

5) seek joint custody of your daughter 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

1. You can send a legal notice and further you can ask wife that if she doesnot mend ways and continue behaving this way this is cruel to you and you can seek divorce on this ground.

Further in my view you should personally talk to her for corrective measures and keep record of same.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

Deprivation of sex is ground for divorce. You can file for divorce under cruelty. 

 the rights of fathers usually involve a father's right to visitation and custody of his children. 

 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

You can get issue a legal notice and ask her to correct herself failing which she has to face serious consequences.

Kishan Dutt Kalaskar
Advocate, Bengaluru
3544 Answers
76 Consultations

5.0 on 5.0

Your wife is torturing you for the last 7 8 years and hence you should try mediation and if you have had enough and don't want to live with her then file a divorce on grounds of cruelty and lack of parenting skills. Also she is causing problems and not allowing her daughter to go to school which itself is bad parenting.

Regards 

Rahul Mishra
Advocate, Lucknow
2408 Answers
9 Consultations

5.0 on 5.0

1.  You cannot force her to have sex with her against her willingness, you can choose the option of divorce for non-cohabitation for a period over two years.

 

2. This is an internal dispute, if she acts in an unbecoming way, you may take necessary actions instead of initially  taking any action  legally.

 

3. You can find a solution to this only by separating from her and seek child custody.

 

4. The above answer suits this too.

 

5.  You can take her to a counselling session and get her counselled to see if she becomes alright or take a decision about continuing the marriage

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

You can file a divorce against her on the ground of cruelty.you can also file custody case of daughter for the same.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

I think instead of sending a legal notice to your wife it is better to take her to a marriage counselor or a psychiatrist your wife needs full session of marriage counseling and medication to correct her behaviour.

Otherwise she is ok and she is bit possessive

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4314 Answers
10 Consultations

4.9 on 5.0

1. You can serve a lawyer's notice on her but in such matrimonial disputes people do not mend their ways on being served the notice.

2. You are at liberty to adopt your remedies under the legal framework.

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your wife is denying a very eminent right if a father to see his child.
  2. The denial of not getting intimate is itself a cruelity on the husband or vice versa.
  3. If you wish to them you can file divorce petition on the ground cruelity due to the above stated reason.
  4. And for your child, you should file an application for custody as well as the visiting rights, if not custody at the end.
  5. I can assure you that she can’t deny to let you meet to your daughter.

Sanjay Baniwal
Advocate, South Delhi
3036 Answers
6 Consultations

5.0 on 5.0

You can send her a notice stating that her aggressive and abusive behavior has caused you immense pain and you are unable to concentrate on your activities. Her acts are causing mental torture on you and if she does not mend her ways you will approach jurisdiction court seeking for dissolution of marriage.

Swarnarka Chowdhury
Advocate, Mysore
1657 Answers
3 Consultations

5.0 on 5.0

Ask a Lawyer

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