We are senior citizen of age 64 and 63. Our mental stress has been increased by the behavior of our daughter in law. She married my son in 2016.She was pregnant and due to some quarrel between them she left the house,and would blackmail my son that she will abort the child.My son talked to her and she said,she want to stay separate and not in zopadpatti (1 bhk flat in a seven storeyed building).and my son got flat on leave and licence. After delivery she said that we all will stay together,I said ok.After some days again she said she want to stay seperate.Again my son got 1 RK flat (on 5th floor) on leave and licence.Again she was pregnant and she had a miscarriage.Again after miscarriage she said we will stay together. Again I said Ok. Every 10 to 15 days She would create fight from non issue and threaten I don't want to stay.After one year she has created a fight and left the house with her kid during Carona.Relation ship has been deteriorated First she agreed for Mutual divorce and now she refuses. What to do? She may file false complaint under 498A,Domestic Violence Act etc Can my son get divorce on the condition that she is not ready to stay with parents?
Son can file for divorce on grounds of mental cruelty
wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce
in case wife files dowry harassment case apply for and obtain Anticipatory bail from sessions court
Based on the Hon'ble Supreme Court's judgement if the daughter-in-law tortures her husband to stay separate from her in-law's, then it will be a strong ground for availing divorce from her.
If she files false 498a and DV case, there's a Hon'ble Supreme Court's judgement that if there's any strong evidence, then only the Police can arrest. If you apprehend arrest, you can obtain Anticipatory Bail before hand. Moreover if it's proved in Court that it's a false case hoisted by your daughter-in-law, then on that ground itself, your son can get divorce, without having to pay anything to her.
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Hence, as per law, she cannot deny living with her husband , under the condition of separate living from the family.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If she files a complaint and involve you both as s well , then you both can lodge a complaint under the provision of Senior citizens Act.
- Further , if she files a complaint for domestic violence , then your wife being a woman can also file a complaint under the provisions of domestic violence Act.
- Further , if she not agreed for mutual divorce , then your son can file divorce petition on the above said grounds and cruelty.
Yes that is a ground for divorcing her a sit comes under cruelty. Also file a domestic violence case against her through your wife. If she files anything.
File for divorce if your son is ready.
No, this will not suffice for ground of divorce that your son wish to stay with your daughter in law on her persuasion however on the grounds of desertion and cruelty yes.
You son may file divorce petition before Bandra Family Court seeking divorce from her wife on the grounds of cruelty and desertion under Hindu Marriage Act 1955.
Your son can file for restitution of conjugal rights and Serve her notice. Even then if she does not come back, your son can file for divorce on grounds of creulty.
You can make complaint against her in the police station under senior citizen act.
This could be considered as mental cruelty and can be the basis of divorce.
Move ahead if separation is finalized
Humiliating of one spouse by another in presence of others does amount to cruelty. Matrimonial life is for homogeneity and companionship.Divorce allows a person to break free from an onerous marital relationship. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.
Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .
The courts can grant you divorce if they satisfied with one or more of the above conditions. The courts can also grant you divorce in case they feel that marriage between husband and wife has broken down irretrievably and no pint will be served by keeping the marriage alive in the eyes of law.
Apply for anticipatory bail in false 498A case. And contest the false case. If possible try for mutual settlement and mutual divorce with help of family friends.
If your son thinks that it will no more be possible to continue the married life with her anymore then he can decide about filing a contested divorce case on the grounds of cruelty.
If she resorts to false criminal complaint against everyone as a retaliation to this divorce petition, you all may first obtain AB and then decide about either filing a petition before high court to quash the false case or to challenge the same in the trial proceedings properly.
Yes your son can file divorce on grounds of cruelty on above reasons. You can seek anticipatory bail against false cases filed by her. You can also file complaint under senior citizens Act for Harrasment against your daughter in law and evict her from your house. Woman members from your house can also file domestic violence complaint against her
Forcing husband to live separate from husband is mental cruelty and ground of divorce.
1. Yes she can file case for 498A and DV against you and your family.
2. Your son should file divorce petition on ground of mental cruelty by wife because she doesn't want to stay with his parents that is you and your wife.
3. Divorce petition should be filed Before your daughter in law file any case so that your son and you can defend yourself easily.
Dear Sir/Madam,
Beforehand, submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members. This application can be sent by post, but preserve the application and postal receipt. This will be a proof for the divorce case. Also, don't put the case of divorce directly, rather be a bit tricky and SMs, WhatsApp, email, letters etc. to her calling her to your place in order to create the proof that she has left her own and unwilling to stay with you or your son and if she does not come or does not respond, file the case of restitution of conjugal rights under section 9 of Hindu Marriage Act for calling her to your place. This case of section 9 HMA will be filed by the son.
