• How to get separated from wife

Dear sir,

I was married in year2011. I am B.tech in Mechanical Engg and working in MNC salary 60000 PM. My wife is MCA and was working in software company 4 years backat salary around 30000 PM. She worked till 2013. Although my job was close to my native place (Approx 60 Kms) where my parents were living but still we both decided to live separate and taken a rented accommodation nearby my company. We both were living there since 2011 till 2014. Our relationship was not went well due to her dominating nature. She always tried to dominate me. she never wanted to have any kind of attachment and relation with my parents and brother and sister. Somehow we managed. Later on we were planning for a child and due to some medical problem we could not have child. We checked up with doctor and could find out that there was some medical problem in me. It was a big shock for me. Because of this issue I was very much depressed. She has got another chance to dominate me as there were some medical problem in me. Later on we had twins through IVF (Test tube baby) in June 2014. My wife wanted to go to her parents for 1 month. in our family there is a custom that mother does not go outside the home for 90 days after giving birth to child and neither she needs to work. She should take rest and take care of babies. So I told her to stay back but she started crying and requested to me and my mother for going to her parents. So we agreed. She went there and next day she send a sms to me saying that I will never come back now and I should better live with my parents. there were some arguments with her but she didn't agree. When we tried to talked to her parents they also started blaming my parents. At that time I was so much depressed with her actions. I was now alone at rented accommodation and decided to shift to my native as now babies also requires care and she will not be able to do alone. so I shifted to my native. She is so egoistic that she literally fighted with me over phone and her parents threatened me and my parents that they will take me to jail. after 2 months of silence, my brother and sister went to meet her and to see the babies and as a mediator they spoken with her parents and other relatives also and brought her back to my native. Still she wanted to move from here and continuously asking me to leave this place and go back to earlier rented accommodation but I always told her that babies need care at this time and she will not be able to do it alone. After 5-6 months from then, now again she told the same thing and said she can not live with my parents and wanted to shift immediately but I denied. After 2 days she told me that she have some bank related work at her parents place and wanted to go to her parents for a week. I agreed and she went. After reaching there within hours she called me and told that now I will not come back and if I need children then I should leave my parents. She also told that she will start working now. I talked to her parents also for this but all in vain. her parents always support her at her mistakes also. In last 5-6 months, there were various episodes where she have not treated me like a husband. I went to her parents to meet my babies alongwith my parents and her parents told to take permission from my wife if I want to meet babies. Do a father require permission of her wife for seeing his son and daughter. her parents also threatened me that they will put me in prison. Later-on my wife sent sms to my brother stating that stay away from me, my family and childrens else it will not be good for all of us. She is blackmailing me now because of babies. 

Actually my inner feeling is that she does not want to live with me anymore and she had taken the babies and separated me from them just to torture me. She does not like me at all due to my sexual problem also. I have tried to contact her relatives also but no-one is coming in between. NO one is helping me out.

With so much negative behavior and actions from her side, I am not willing to live with her and nor she want. But I need my children. Kindly suggest what Should I do.

I consulted with some experienced family members and experienced friends also but everyone is saying that stay cool and calm and be silent, after 5-6 months she will come back but I know the reality. she is so stubborn and egoistic that she will never come back until unless I bow in front of her.

Kindly suggest what should I do. What are the fake allegations she can make as she had already threatened me for same.

How can I get separated from her? Kindly help.
Asked 1 year ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) it is better both you and your wife visit a family counsellor to resolve your problems 

2) custody of child is generally awarded to mother 

3) stay separate in rented accommodation with your wife 

4) if situation does not improve file for divorce by mutual consent with joint custody of children 

5) if wife refuses divorce by mutual consent file for contested divorce on grounds of mental cruelty 

6) if wife files 498A case contest it on merits 
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. You shall have to decide whether you will continue having matrimonial relationship with her or terminate it,

2. If you decide for divorce, then negotiate with her for mutual consent divorce which will be over by 6 months,

3. If she does not agree for MCD but you want divorce, then you may file a patition for a decree of divorce on the ground of cruelty,

4. As soon as your children attain 5 years of age, you can file childcustody case,

5. Meantime you can file an application praying for a direction for visitation right to see your children,

6. Handle the matter very carefully.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Hi from you narration it is better both of you go for a divorce by way of mutual consent so that you can sort out your issues amicably.

2. If you go for contested divorce then it will take time so it is better go for a divorce by way of mutual consent.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
In case you intend to take a divorce from her then we suggest that you speak to her and file a Mutual consent divorce under Section 13(1) of Hindu Marriage Act. This process is faster and economically. 
Further, if she does not agree then you should file contested divorce under Section 13 (1) of Hindu marriage act under ground of cruelty and desertion.
With respect to your query, what fake allegations your wife can make is a very difficult to answer. However as a matter of her right she can file application under Section 125 CRPC thereby seeking maintenance from you. Further she can also file a domestice violence case against you.

So as suggested , you settle the matter amicably and part your ways  
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
From the narration of the facts, it seems that the marriage still has a ray of hope. It is advisable to visit a marriage counsellor in case both of you decide to give a chance to the marriage. If none of you want to continue being in this relationship, the best possible way is to file a mutual consent for divorce along with joint custody of the child. There is no point in making matters worse by getting into frivolous litigation lasting never ending years. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
All the human beings have their own lust ,love ,affection,likes dislike etc...Don't be upset this situation. It is advisable to visit a marriage counselor.Settle the misunderstandings amicably.Separation is the last word when the hope will lost.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. Since she has refused to give you access toy our children the only legal recourse you can avail is to file a case for child custody in the court. If you wish to get the custody of your children then proceed swiftly as the delay in filing the case impairs the claim more often than not. 

2. You are also at liberty to file for divorce.

3. She can file false charges of dowry demand, assault, intimidation and fraud, but you do not need to be worried as the court will give you equal opportunity to rebut her cases.

4. She may also sue you for alimony, a claim you may successfully rebut as she has perpetrated cruelty. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Dear Querist
if you think that you can not live with her or she will file any false cases against you and your family members then immediately file a judicial separation petition under section 10 of Hindu Marriage Act-1955 against her before family court.

10 Judicial separation .? 10 [
(1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 13, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented.]
(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so. 
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0

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