• Wife asking to leave parents.

Hi, my name is kuldeep from noida, i have been married for 4 years. But in 4 years my wife hardly has stayed for six month with me, she would always ask me to get separated from my parents. Last time, It was feb 2018 when she left the house over an argument and has not come to me since than. We had panchayat twice for the resolution, and in October,, we even got ready to her conditions. But she did not come in a separate home as well. Now she asks me to live in bulandshahr-city as she is expecting to get a job in a school, there. and my job is a "work from home" I dont want to live in bulandshahr. She and especially her mother have been harassing me since our marriage. They are always trying to make a bad person of me in society. I m fed up of her conditions and this situation is harassing me mentally. I m not able to focus on my career and anything in my life. I want get divorced from her. What should i do.
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

Firstly, you should try to convince her to go in for a mutual consent divorce as that is the easiest way  to dissolve a marriage legally.

If she does not agree for mutual consent divorce, you can file a petition for divorce on grounds of cruelty, which is the valid ground for divorce under section 13 of Hindu Marriage Act where you would have to produce documentary evidence to show so that she is inflicting cruelty upon you and your family in order to get a decree of divorce from court.

Also, your wife's putting condition on you to live separately and to leave your parents is a valid ground for divorce as it constitutes grave cruelty upon the spouse and the same has been categorically held by the Supreme Court of India.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Hi,

Trying to separate you from parents and other conditions narrated by you here are cruelty against you by your wife and you may ask for divorce on grounds of cruelty.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You should issue notices to her for restitution of conjugal rights. if she does not reply to you within 30 days from the date of notice, you should file a suit for Restitution of conjugal rights in the court. 

You can divorce wife if she tries to separate him from aged parents. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File for divorce on grounds of mental cruelty 

 

wife forcing husband to stay separate from parents amounts to mental cruelty 

 

best option is for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) Before going for divorce why don't you try for counseling with family counselor.

 

2) Keep divorce secondary options. If any way the situation don't arise than one can go for divorce.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See you can ask her for a mutual divorce mutually if she refuses same you need to file a divorce on ground of cruelty that wife is separating from parents , voluntarily staying away all the efforts to bring her back has failed and she is imposing condition .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file Section 9  if she doesn't join you its amounts to desertion you can file divorce for desertion and cruelty and failure of restitution decree.she cant claim money after restitution of conjugal rights you have to apply for divorce then on merits u will get divorce in that case. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cannot be forced to stay separate from parents 

 

no need to shift to another city 

 

your wife can take job in city wherein you are residing 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi,

You may make the story that to reside away from you, she opted a job on bulandshahar.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If she has deserted you for over 2 year now, approach the Family Court and seek divorce from her. You can press other grounds for divorce as well, such mental cruelty. If you want to tackle things indirectly, file a petition seeking restitution of conjugal rights against your wife by way of preferring an application under section 9 of the Hindu Marriage Act.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

She can't ask/compel you to abandon/divorce your parents, and live with her in a separate accommodation. You may seek divorce from her on this ground alone, as this amounts to cruelty. You owe to your larepar as well, as much as you owe to your and it is your responsibility to take care of them. In such a scenario, it is wrong on her part to compel you to leave your parents.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file a petition for restitution of congual rights and try to get her back by a courts order

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months,

if failed,

file contested divorce on the grounds of mental cruelty (separation from parents)  

also keep one thing in your mind absolutely clear that once you file contested divorce she will surely file/claim

1. 498a complaint 

2. Domestic Violence case

3. maintenance 

the best strategy is to send her legal notice for restitution of conjugal rights and then file the case under section 9 of HMA (restitution of conjugal rights)

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1. You are obligated to heed her. You are free to file a petition for dissolution of marriage on the ground of cruelty. 

2. She has the right to reside in a different city due to her job. Indian jurisprudence has come a long way from earlier judgments which said matrimonial home of wife is where her husband resides. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

You can file Restitution of Conjugal Rights under Se.9 of Hindu Marriage Act,1955.  Once it is filed it is defense for you if she files any other case against you. 

wife tries to separate her husband from his parents amounts to cruelty, then husband is entitled for divorce.

The Following Supreme court judgments will help you.

Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’: SC 
The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce.

Hindu son can divorce wife if she tries to separate him from aged parents

A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them, the Supreme Court has held.

A woman becomes a part of the husband’s family and cannot seek to separate him from his parents for the sole reason that she wants to entirely enjoy his income, a Bench of Justices Anil R. Dave and L. Nageshwara Rao observed in a judgment.

Insisting her husband to live separately from his parents is a western thought alien to our culture and ethos, Justice Dave, who wrote the judgment, said.

“It is not a common practice or desirable culture for a Hindu son in India to get separated from his parents on getting married at the instance of the wife, especially when the son is the only earning member in the family. A son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they have either no income or have a meagre income,” Justice Dave wrote.

In India, generally people do not subscribe to the western thought, where, upon getting married or attaining majority, the son gets separated from the family, the court said. In normal circumstances, a wife is expected to be with the family of the husband after the marriage.

 “She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason, she would never insist that her husband should get separated from the family and live only with her,” Justice Dave observed.

The court was confirming the divorce of a Karnataka-based couple in a recent judgment. Married in 1992, the lower court granted the husband divorce after he alleged cruelty on his wife’s part. He quoted instances of her constant suspicions about him having illegal affairs with a maid. It was later found that no such maid as described by the wife ever worked in the couple’s home

In another instance, the apex court found that the wife had attempted to commit suicide but was rescued in the nick of time. She wanted to separate the man from his parents who were dependent on his income.

However, the High Court had set aside the decree of divorce, saying the wife had a “legitimate expectation” to see her husband’s income used for her and not his family members.

Shuddering at the thought of the legal tangles in which the “poor husband” would have found himself caught in had she succeeded in committing suicide, the Supreme Court concluded: “The mere idea with regard to facing legal consequences would put a husband under tremendous stress.”



 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If the situation is intolerable then you may decide to file a contested divorce on the grounds of cruelty.

Asking you to leave your parents and live separately with her is also defined as cruelty.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You cannot dance to her tunes especially if she appears to do them with some inner intention.

You may refuse to accede to her demands to live with her in the place of her choice and may go ahead with your proposal to file divorce case on this grounds also.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

See for job she can stay away you cannot take this ground. And further financially need or not she can claim work as her right and court won't accept such argument.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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