Our marriage happened a year back. After few days of my marriage I knew she is too lazy and disobidient , she is never willing to do something and if you say her she will be rude or answer badly. Answering to me was fine but she responds badly to my parents and sometimes my elders. She will complain on every little things and say them to her mother. In turn , her mother always interferes in my life and has made my life hell. Now, we have a baby and she has gone to her home but no response from their parents to my parents. I wanted to know what are the laws for the below : 1. Disobedience and rude behaviour by girl towards her in laws. 2. After baby how many days a girl stay in her home leaving her matrimonial home 3.I know all the bad behaviour is influenced by girls mother over phone, how can I get all call records and girls wats app chats 4. After 1 month if she comes home what should be done.
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1. The acts you have stated can at best be ignored and strive to work out the marriage by taking the wife away from your parents.
2. If she comes back after 1 month do as stated above.
3. Do not think in term so divorce which does not ensure happy life if you go for remarriage.
4. rather give time and patience to this marriage . It will be surely be sorted out.
1) record her abusive behaviour
2) it is upto wife to decide how many days she wants to stay in her parents home after delivery
3) you cannot access your wife chats with her mother
4) if wife returns to her matrimonial home after one month request her to respect the in laws failing which you would have no option but to file for divorce
Hello
1. If you want her behaviour to improve with your parents and elders in family start treating her parents in same way she treat your parents.
2. There is no specific duration about stay of wife and child in her home after giving birth to child it depends on customs of specific family.
3. There is no way of getting call details if no. Is on ID of your wife. And for getting whatsapp chats of wife you can get screenshots of her phone.
4. When she comes back start recording her interaction with your parents to collect evidence of her abusive behavior.
Take her for some counselling session for improving her attitude towards your family.
1. On these grounds you can seek divorce from her, citing this as cruelty.
2. This is not defined in any law. This has to be bases on understanding. If she doesn't comes back, file a petition for restitution of conjugal rights.
3. Not possible.
4. Accept her, if you want to save this marriage. If divorce is what you long for, it can be applied even at the present stage.
Call details can be taken by the person on whose name number is issued.
You can take WhatsApp chat screenshot and then can take print out of those chats
If she is not coming then you can file a petition under section 9 H. M. Act
You need to file RCR for her to return to your house. You can't legally change her bad behavior. You can't get call records and WhatsApp chats of third person
1. See if it is cruelty then for same mother can file for domestic violence case against her.
2. There is no such time limit fixed if she is not returning in-spite of calling then you can take steps.
3.See that is under privacy you cannot obtain same.
4. See you both can mitigate the difference and settle if not then you can apply for divorce.
HI,
The above said actions of your wife is nothing but mental cruelty towards you. There is no hard and fast rule as to up to what months or days she can stay in her parental home. But if you find that the time is unreasonable and she is refusing to come, you may file the case for restitution of conjugal rights. You may install hidden camera and recording devices in your house for recording the things and gathering the concrete proof in your favour.
Thanks for the valuable advice. 1. I am the only son of my parents and so I can’t leave them and stay with my wife. 2. What will happen after I have filed an RCR. 3. Since I have a baby 2 months old , what are the chances I will get custody of my baby. If less how can it be done. 4. If I go for divorce what will be the alimony. Marriage is 1.4 years. My wife was previously working in a small firm before marriage and she is well educated for a job. Please suggest.
1. See firstly in RCR court can pass.order though cannot force her to join.
2. You can get visitation custody of such small child is difficult.
3. See alimony shall be as per your income and claim by her and other condition. You can contest on ground of her education.
You can file section 9 RCR if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee.
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony.
Once you file RCR if court thinks your wife is unnecessary harassing you for the same. It will order in your favour and ask her to return to matrimonial home
Hi,
It is quite possible that wife will false cases of domestic violence, dowry demand etc. against you and therefore you are suggested to file RCR in order to create a shield against her cases. You cite in your petition that you are only son and she needs to support you in taking care of aged mother. As the age of 2 months, you may not get the custody of child and hence you are suggested to file application for visitation rights for child.
1) you can stay in rented flat near your parents
2) it can be walking distance from your parents house
3) you would not get custody of your 2 month old baby
4) you have not mentioned what is your income
5) to determine alimony amount we need to know your income
1. You cannot make her to behave in the manner that may please you, and there is no law to punish her for this type of behavior.
2. It depends on the local customs, there is no provision in law to specify any particular period for this.
3. You can get them only through court that too after filing a case against her either divorce or any other case.
4. Accept her and save the marriage at least for the sake of child.
1. After filing RCR, she may participate in the case , but remember that no law can force her to live with you against her willingness.
2. A child will remain in the custody of its mother till it attains 5 years of age.
3. The alimony can be granted only after she is claiming for it and proving your salary income with documentary evidences.