• 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 2 months 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
8886 Answers
8 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
290 Answers
5 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
59705 Answers
3613 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
14127 Answers
57 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
6203 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 www.kishanretiredjudge.com
3844 Answers
85 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
2902 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
49837 Answers
590 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
7054 Answers
7 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
4708 Answers
11 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
25653 Answers
730 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
3780 Answers
7 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
1711 Answers
3 Consultations

5.0 on 5.0

You can rely upon recordings which are in your presence of wife behaviour towards your daughter 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

No privacy infringement and admissible in evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
8886 Answers
8 Consultations

4.7 on 5.0

You can use it, if it is relevant for the case. You can pray for incamera proceedings

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

You can use these recordings showing that your wife is cruel towards your daughter and towards you.

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

Voice recording without consent is an interference with the privacy of the person therefore is totally illegal unless done with the authority of law under legal investigation by a competent officer.. 

Mohammed Mujeeb
Advocate, Hyderabad
6203 Answers
3 Consultations

4.5 on 5.0

Dear Sir,

Before making issues with your wife please read the following and take a decision properly, if you can withstand to the forthcoming eventualities.

FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..

======================================

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

  1. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income.

8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?

Ans: Yes, definitely. Then she is entitled for monthly maintenance only.

9.What is the difference between alimony and monthly expenses ?

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?

Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.

11.Whether she can do any police complain against me or my family ?

Ans: Yes. But now Supreme Court given several instructions to police before arrest.

12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?

Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC

13.Can she harm me and family by putting false alligations ? How to take precautions for all this?

Ans: YES, File quashing petition before the High Court.

14.I even want to know that what are strict norms are there for taking divorce?

Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.

15.Because my wife is continuously telling me now Norms are very very strict what’s are they?

Ans: Nothing to bother, your advocate protect you.

16.Yes she is working if she is working then I am not liable for her maintenance money

Ans: Yes, your burden will be lessened to 50 to 75%

17.what is section 487A IPC  in this can we go bail procedure before and keep it ready with us.

Ans: At the end given.

18.What is RCR? 

Ans: It is Restitution of Conjugal Rights filed under section  9 of Hindu marriage Act.

19.What are Section 498A and DV Act?

Ans: Given below

20.Under this act will I get bail or not?

Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.

21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?

Ans: No, law does not permit.

22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?

Ans: to her account.

22.What is Special marriage act and Indian Divorcee Act?

Ans: Please see below. Both applicable in India.

23.what is the procedure for taking bail?

Ans: Your advocate will tell you if you pay fee.

24.If my wife does second marriage will I be still liable to pay her monthly maintenance?

Ans: No.

25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?

Ans: You will be in jail if you marry without divorce under sectin 494 IPC

26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.

Ans: If you have money and refuse then you will be sent to jail.

27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?

Ans: yes, police create a very good story and register FIR,

28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?

Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.

Section 9 in The Hindu Marriage Act, 1955

9 Restitution of conjugal rights. — 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. —Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]

Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

 

Dear Sir,

Your questions are answered as follows:

1.Can she ask me to come to her place or refuse to come to my place?

Ans: No, it cannot be. Her proposal cannot be accepted by Courts.

2.Can she file false dowry and domestic violence case.?

What punishment will be given to her for false cases ?

Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.

3.How long shd I wait for getting divorce if contested ?

Ans: About 2-3 years depending upon the tactics of other side.

4.How frequent can I get visitation rights of child and also during trial ?

Ans: Once a 15 days depending upon age and sex of the child.

5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?

Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.

6.Does separation count from the day she left or the day I stopped visiting her ?

Ans: The day she left you that is deserted you.

7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?

Ans: Yes, you are correct.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

The following are similar FAQs asked by my another client....for your ready reference.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Dear Sir,

My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.

1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.

Ans: Alimony means one time full settlement money given to wife.  Montly maintenance is awareded during the pendency of case. She is entitled for one only.

  1. What’s are rule and regulation for taking divorce?

Ans: It is given below.

3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.

Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .

Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.

5.Can I  take my son custody after 7 years from court.

Ans: Yes, even before that.

6.If I want to do settle out court what is the chance of her asking me for alimony amount?

Ans: Rs. 5 to 6 lakhs.

7.On what bases this alimony and monthly expenses is decided?

Ans: On the basis of your personal income

 

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3844 Answers
85 Consultations

5.0 on 5.0

If you want to use those electronic evidence you may have to follow the procedures as laid down in section 65B of Indian evidence act.

 

T Kalaiselvan
Advocate, Vellore
49837 Answers
590 Consultations

5.0 on 5.0

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