I was married 5 years ago and we are living separated from last one year . I have a daughter of 2 years. My wife is a government teacher from last 7 years and I have got my government teacher job recently 6 months ago. Soon after two months of my marriage she started shouting and quarrels with me and with my parents and she used abuse language for them for very common reasons like boiling of tea/ water etc. She taunted me and my family for my unemployment since our marriage however she knows it at the time of marriage also. She is mentally instable and we got separated several times for period of two to six months. She disrespects & shouts on me and my parents since my marriage. I tried three to four times with her family to sort out this matter. But they always favoured her. She is living in flat which was purchased by contribution of me and by my father gave 14 lacs but it was purchased on her name. I provided all facilities at home, furniture , ACs , TV etc,.. also I fulfilled all my daughter and her need. But she destroyed my social reputation, defamed me in my relatives and in my neighborhood. One year ago on 5th August 2018, my wife has filed false complaints in APRAJITA (a legal body in Rajasthan for female support) about 3-4 times for false reasons. After which we started to live together for 10-15 days due to the force of counselors of APPRAJITA; during which she filled a police complaint on 26th Sep 2018 by making a road side drama to catch the attention of people shouting that I will kill her, she was having my daughter in her hands. Police did not responded because my daughter health was very serious at the time of complaint. We went back to home . Next day when I was deleting contacts of my relatives from her mobile phone, she again filled a complaint of theft in police. Thereafter, I returned to home to meet my daughter at my her birthday but she again started shouting loudly and started using abusing language charging me against false allegations of having extra marital affairs. After this I tried to contact her three to four times to live together again but she didn’t responded. Recently, my father tried to contact her to know her desire to live together and to patch up but she responded aggressively and threatened him for acquiring my parental property. She threatened me & my family to file complaint in police. She fed brandy to my daughter when she was only six months old and not sleeping because of cold and cough which made my daughter health worst. I want to file divorce petition and want custody of my daughter, she even don’t allow me to meet my daughter.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
See since mutual divorce is not possibility here at this instance file a contested divorce on ground of cruelty against your wife, further also give a police complaint for intimidation and threat. The act of shouting leaving home and threatening amounts to cruelty.
Also file an application praying for the visitation and custody of child seeking interim and permanent custody and visitation of the child.
You can file contested divorce and custody petition in court. You can claim custody but court may not give you complete custody. Joint custody or visitation rights will be allowed by court
File for divorce on grounds of mental cruelty
2) wife abusing husband and in-laws amounts to mental cruelty and is ground for divorce
3) wife abusing in laws amounts to mental cruelty
4) seek sole custody of your child
The conduct of your wife is really inexplicable for no apparent reason and hence it can best be put at rest if she remorse for her conduct.
If not and she is not ready to reform herself either then filing a divorce suit is only option.
Considering the incidents occurred s far you should get a decree for divorce without much difficulty as long as you establish those facts in court.
In the divorce suit you can apply for visitation of the child as well.
1. You are free to apply for dissolution of marriage on the ground of cruelty.
2. In so far as the custody of child is concerned, a petition under the Guardians and Wards Act can be filed by you. Court has to only see the welfare of child in a dispute of child custody.
Dear Sir,
It is better to file Restitution of conjugal rights against your wife in family court.
If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree
If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.
SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a petitioner; summon by a competent court ; and order by a court to the spouse who left her matrimonial duties without sufficient reason.
Dear Client,
As per facts, you have to file an application before the family court for divorce, under section 13 of Hindu Marriage Act, 1955 and also file an application for the visitation right as well as custody to your daughter.
You may call me through KAANOON for more detail.
You can file divorce on grounds of cruelty and you are being deserted by your wife.
Normally the mother is the natural guardian of child till the age of 5 Years under law. There is no bar in law which prevents handing over the legal custody of child irrespective of gender. You can claim custody by mentioning how the child can be benefited if the custody is given to you. The paramount interest of the law in such cases is child's future prospects taking into consideration the social, moral and financial background of the parents.
You can file a contested divorce case against her on the grounds of cruelty by narrating the entire episodes that have taken place in your married life chronologically in your divorce petition pleadings.
You can also file a child custody case under guardian and Wards act, however remember that as a rule the child shall ordinarily be under the custody of its mother until it attains five years of age however this will not stop you from getting visitation rights as an interim relief.
Sir Kindly let me know that if i file divorce petition from my side against my wife, is that so that in reply, my wife can file a policy case against me ? I am filing case on grounds of her cruelty (shouting on me and on my parents in front of neighborhood and in crowd for silly reasons, leaving me speechless ; custody of my daughter of 3 years), Kindly clarify if in response to the divorce notice, can she file false charges against me & my parents viz. dowry/ cruelty/ violence; restitution of conjugal rights. Also, I do not want to stay with her anymore as she will again get a chance to torture me or doors may open for her for filing several false cases. (Please note that I have purchased a house in her name, never asked her a single penny, and me & my father from our own accounts have deposited Rs 14 lacs to her accounts two years back for down payment of the flat). How can i restrict her from filing Restitution of Conjugal Rights and how can i save myself against false charges viz dowry etc.
Wife can file false dowry harassment case against you
2) she can also file DV /RCR case against you
3) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
See wife may file police case against you falsely and you have to contest same.
See she can give false.complaint but the burden of proof shall be on her to prove.the allegations against you , also you can file for quashing of such FIR if any filed by her
See you cannot restrict her though you can yourself and file for divorce and pursue same.
Contact a local lawyer and based on his advice only take legal steps for filing divorce case. You can also obtain Anticipatory bail if you so desire..
Even if she files any false case you can seek anticipatory bail from court. You can't stop her from filing RCR case but no court can force you to stay with her
If the situation is intolerable, then you can file a contested divorce case on the grounds of cruelty.
It is for her to avenge you by filing false criminal cases against you and your parents for dowry harassment, DV cse etc.
If she files any false police complaint then you may first obtain AB and then challenge her case in the trial proceedings on merits.
Even her RCR case can be strongly contested by you to get it dismissed if she files one.