• Completely frustrated by wife's behaviour - seeking help

I have been married since past 5 years and I have a boy of age 12 months. its been almost from first year of marriage she is fighting with me on silly reasons and I have always tried to resolve or calm down the issues in between us. she thinks I am not a responsible person because I comes late from work ( at 8 to 8.30 pm. in Bangalore) several times tried to explain her that my job is like that only I work in sales field so sometimes there will be late and sometimes I comes much before also, but she always thinks that I am having an affair so that I come late even she asked me to put my hand on my child's head for the same. SO many times it has happened and I told her this is not good if you don't trust me then what is the point in staying together. my parents are staying separate and I am the only child for them, she even blames them that they are not taking care of her and they tells bad words against her to me, which is completely wrong. they are still earning and they have asked for any support till date (financial). recently she called my parents and said she file complaint against us and put us behind the bar. My parents are very simple and straight forward people staying in a village and still earning by themselves are completely broken.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Other
1. First decide whether you want this marriage alive or not as there are several precautionary or preventive measures but that may cost your marriage.
2. Try to resolve the marriage amicably by involving the neutral elder people.
3. If this does not work then settle the dispute amicably by way of mutual divorce.
4. If this also does not work then lodge a complaint with police and initiate case against them for criminal intimidation.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
Dear Querist
what do you want from us?

there is no legal issue involved in your query which we should replied to you.

but as per your life's detail and fighting you should try to consult a psychiatric for your wife and treated her well with your love, affection and attention and try to save the marriage, it will be better for you, your wife and child and both the families too. 

if there is no chance to live with her then you may file a divorce petition before family court/district Judge under section 13(1)(ia) of Hindu Marriage Act-1955 if both of you are Hindu and the marriage was solemnized as per Hindu rites and rituals. if you are not Hindu then specify your religion and in which rite and rituals the marriage was solemnized under religious or under special marriage act before marriage Registrar.

feel free to call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1) file for divorce on grounds of mental cruelty 

2) making false allegations that husband is having an extra marital affair amounts to mental cruelty 

3) record her threats . It will help you in case false case is filed by wife against you and your parents 

4) in the event false 498A case is filed obtain anticipatory bail and contest the case on merits 

5) best option is to file for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. If they file case u/s 498A IPC then you can get bail and one is done half the battle is won.
2.You can file child custody case to get back/visit the child.
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
1. You have the recourse of filing for divorce on the ground of cruelty available to you. The court can order mediation to save the marriage. If the mediation also proves futile the case will be heard on merits.

2. If false cases are filed against you and your parents you should file for pre-arrest bail to avoid being arrested. The delay in seeking bail may result in your arrest, whereupon it may become difficult to obtain post-arrest bail.

3. To retain the exclusive custody of your child you are at liberty to file a case for child custody.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) if false case is filed by wife of dowry harassment you must obtain anticipatory bail 

2) since your child is only 1 year old you won't be awarded child custody 

3) you can seek visitation rights for the child 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Hi,
Stop blaming your wife for everything. For the sake of your son try to save your marriage. If your wife files a suit against you all, defend yourself and let the Court decide if it is false or true.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Immediately go and lodge a police complaint that your wife is threatening of filing dowry harassment case against you and your family. 

It seems she's not interested in keeping marriage with you and that's the reason she's fighting with you for no reason. If you are not interested in keeping marriage with her then you may send a legal notice for divorce through a local advocate. 

If you want to continue your marriage then give your wife cooling off period by allowing your wife to stay with her parents for some time. May be she understands the seriousness of the situation. 

You may keep visiting your child and be in touch with him. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
Hi, as per latest Supreme Court Guidelines police will not arrest you immediately they have to issue a notice to you for conciliation and after verification  if the police come to the conclusion that it is a fit case then only they have to register the case.

2. So you have a sufficient time to approach the court for anticipatory bail so that police will not arrest you immediately.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1.May be that your wife has developed some psychological problem developed from feeling of insecurity which is prompting her to act so strange meaninglessly,

2. Your problem has not yet taken the shape required to seek legal guidance. It appears that she is a victim of her sense of insecurity which should be addressed first. Consult a Psychologist and/or a marriage counselor immediately and treat her very patiently,

3. Do not think of divorce or any such thing since divorce is the 2nd most stressful event in one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
1. What do you mean by 'if they file a false case'? Are her parents also against you?

2.If not then consult with them to instill confidence in the  ind of you wife,

3. If her parents are also against you, hen lodge a police complaint in advance alleging that your wife and her parents as demanding money with the threat to file false case if the money s not paid,

. After hat if ny case is filed by her hen contest it fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0

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