• Spouse dividing family

It is one and half years since my marriage and i have a baby son now. my wife thinks to seperate me from my family and also there is no love or affection towards me. Her family also did not respect me and no one talk to my family and so many abuses we faced from her family. Now she directly said that she does not want to respect my parents and brothers and other family. due to her some disputes also arises with my relatives. everytime she and her family wants to void my marriage but they dont step first. I am a govt employee and mentally i suffer now due to her behaviour. at least i could not able to see my son and she again and again said "you do not like me and son so leave me". it is about one year i bare all this. so please guide me, is there any problem to my job. I have the recordings of her talks and msgs also. please help me
Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

File divorce case.

File a child custody case.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) seek sole custody of your son 

 

4) court would award you visitation rights at least 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello,

  1. If you are looking for a divorce from your wife, you will need to file a petition in the court and get an order/decree of divorce. This applies to a divorce by mutual consent as well.Your not having the marriage registered is not an impediment to file for divorce.
  2. Even after divorce, you will have the right to visit your son and will continue to be his father and liable for his upbringing. If you file for divorce by mutual consent, you can set out the terms and conditions of divorce, including custody of the child, visitation rights, etc. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Divorce have to attained through court order only, that would be valid.

If you can convince her for mutual consent that would be easiest and fastest way out.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

In this matter your decision whether you want to be in this marriage are you want divorce it seems that your wife is not living with you right now in case you are looking for divorce then you have to send a legal notice in this regard that she has to reply your allegations it is immaterial that whether you are privately working oryou are a government servant.

As you mentioned that the family members of your wife do not take first step in allegations so definitely this is by you who will take first step according to your liking.

Definitely because of any action your child will suffer and you will be liable to pay maintenance for child as well as wife in case she is not working and earning for herself.

Apart from the legal action if you want to save this marriage definitely you have take some step to make the atmosphere of the family amicable by providing such situations where your wife may concentrate only on you and your family and for that purpose you have to live separately from your family so that you can understand your wife this is my personal opinion to you however legal opinion have already been discussed in previous paragraph.

Please remember to read this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Forcing husband to live separate from parents and disrespecting in laws is mental cruelty and ground of divorce.

No harm to you job. After divorce you do 2nd marrige and wife name will replace or delete after divorce.

You can file divorce on above grounds. Use recordings and messages in evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If the marriage is performed in the religious way by via of spathpadi  than its valid marriage and can be apply for proper divorce in the court. After Divorce order you can perform second marriage.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- 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.

-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.

- Further if she is not interested to live with you , then take her consent for mutual divorce , and file a joint petition for divorce on the condition of child custody if need . 

- Further , after getting divorce decree , you can re-marriage with another lady legally , and can replace her name from your organisation as well. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

It can only be done by a valid divorce decree of court only

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

Please file divorce petition before the Court of law on the grounds of cruelty and desertion under Hindu Marriage Act 1955.

Please apply your department for chan3of nominee on their records. 

It is possible and can be done by your initiative only. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Her arrogant and indifferent attitude towards your parents and you and the married life shall not affect your employment in any manner. 

If you feel that this marriage shall no more be possible to continue you may decide to quit the same by  filing a contested divorce case on the grounds of cruelty. 

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You have to dissolve the marriage by a decree of divorce through court of law then only it can be considered as valid divorce and not by any other mode. 

The evidence of solemnisation of marriage is sufficient,  registration of marriage is not mandatory. 

You can get remarried only after getting this marriage dissolved. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can not remarry without obtaining the decree of divorce from your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Collect all the details of her behaviour ie all tge evidence. Then file a divorce petition against her on grounds of cruelty and abuse. You may also file a domestic violence case against her through your mother and sister.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A mutual consent divorce can be taken but i don't think she'll agree to it.

A contested divorce is possible and it may take some time. File an anticipatory bail application immediately if she lodges an fir.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No there will no problem on your job due to this dispute with your wife. 

2. You should take her for professional counselling to sort out the difference between you and your wife and make her understand that this will be affecting both your life in future. 

3. If you want separation then file divorce petition on grounds of mental cruelty and harassment by wife due to bad behaviour with you and your family.

 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can file for divorce on grounds of mental cruelty if mutual consent divorce is not possible 

 

2) on basis of court orders dissolving your marriage you can remarry 

 

3) you ca delete her name in govt records as your wife 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

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