Well, still time not slip. What your son want ? Want to stay in maraiage or ... ?
Not fulfilling matrimony obligations and wife refused to share a home with her in-laws is “cruelty” and ground of diovrce.
Cheating and forgery by the daughter in law and her parents in the name of marriage
Sir/Madam. In 2013, we got our son married to the daughter of my husband's childhood friend with the consent of both the parties. My husband's friend and his wife did not send the girl to our home and kept her in their house on the pretext of preparation for exam. The girl took away all the gold jewellery given by me and kept in her parent's house. She and her parents didn't talk to any of the family members . The girl and her family were putting pressure on my son to take her to foreign country for honeymoon and buy her more gold jewellery. Later without meeting any of the family member, she went to join her job at Hyderabad while my son was working in Delhi. Then the girl and her parents put pressure on my son to leave the job and join some other job at Hyderabad . In December 2013, when we went to meet my son and daughter in law at Hyderabad, my daughter in law left the house and shifted to PG . When ever we went to meet them, she either remained behind the closed door or away from her house.She never served us any food and didn't talk to us. Her father is talking to our relatives but not to us.Last year, I visited Hyderabad without telling them about my visit . My son was away to other city on official visit but my daughter in law was at home. She didn't open the door to me .I had to call police to get my entry into the house.She left the house and remained away till I was there at Hyderabad. I feel they are threatening my son and are creating problem for him at home as well as at his work place by making him all alone and keeping him away from the family members. Last week, I visited my daughter in law's parents house and found her also in their house. I learnt from some one that she has shifted her job to Gurgaon and left my son at Hyderabad and is now leaving with her parents. They're not disclosing us anything and telling lies. How can I take legal action against them who have betrayed us and conspired against my son in the name of marriage.
Asked 6 years ago in Family Law
Religion: Hindu
9 Answers
1)your son can file for divorce on grounds of mental cruelty
2) wife forcing husband to stay separate from parents amounts to mental cruelty
Dear Madam,
- Being parents you directly can not take any action except maintenance being old age as per norms
- If your son is willing to take action in that case yes the FIR can be filled or even court case can be filed u/s 13 of Hindu Marriage Act.
Regards
Vivek Arya
Hi,if she has left the house and is not willing to continue marriage,it is advisable to file section 9 petition for conjugal rights ..Wife cannot force or put conditions to continue marriage as per her whims and choice...Also if there is some threatening from her side ,you can file a complaint here in Gurgaon against her and her family members
See you have no locus in this case to file any case you son can.file if there is intimidation and threat based on above mentioned facts so legal.criminal action can be initiated against.them.
According to decision of Hon'ble Supreme Court in Narendra vs. K.Meena a wife cannot force her husband to leave his parents' home and live separately without any justifiable cause. In this case also you are entitled to take divorce from her on ground of cruelty.
You can file cheating and forgery complaint against them if your have evidence.
Any case in this regard has to be taken by your son alone and not you.
He is the person affected directly and not you.
If he is not willing to continue this marital life with her then he may decide about filing a contested divorce case against her on the grounds of cruelty.
You can discuss with your son and advise him to consult a local advocate and file a divorce case if the situation is beyond tolerance.
Hello
In this case only you son can take action against your daughter in law.
You should convince your son to file case against his in-laws
Your son can file a case of annulement of marriage under hindu law on ground of fraud done by his wife who marry him just for money and gold.
