I married my wife in 2016 and met her through a community matrimonial broker. I live and work in the USA. When we met, she mentioned that she has a pending housing loan and she needs my support after marriage until she finds a job. I was okay with that and married. After marriage, I found a lot of things fishy with her and her family. Later figured out that they hide a lot of things to get her married. She is the only breadwinner to her family, her father had a criminal case against him, she had plans to make her entire family live with me. I took my wife to USA immediately after marriage and didn't give any space for their family to involve in our live. They were involving secretly in the background. When my wife got a job in USA, they were completely into our lives involving in each and everything just to keep her in their control and influencing her to keep me in her control. I did not give any space for this also. She became pregnant, and their family had a dream to visit my place in USA. Since I don't like them, I told them only my mother would be coming to help. They got super jealous and wanted to insult my mother. She wanted to force delivery and climbed 1500 steps up and down without my knowledge in the 9th month. After that baby's movement inside her belly stopped and we had to rush to the emergency room. They said the baby is running low on oxygen and wanted to induce delivery and it becomes complicated delivery. Thankfully both mom and baby were saved. Since I was certain that this must be her family's greedy plan, I stacked her phone and found out it was well-planned activity by her sister and family. In fact that was proof that they were involving in everything in my life. We were scared of her action, disappointed to the core and decided to send her to India to be with her family for sometime. As soon as she reached India, her family changed plate on us that we tortured her for dowry and tried to kill her. Since my baby was 2 months old by then, I didn't want to impact my baby and told everyone that what happened. They warned my wife and she promised to be a good wife and wont let her family influence her anymore. We went here to a doctor thinking that she might be in depression. The doctor diagnosed her with Obsessive Compulsive Disorder and suggested tips to cope up with that. Long story short: Her family was still influencing her to find a new job in India, she created another drama in my family, using bad words against my mother and found a job in India, taking my baby and threatening to commit suicide if I don't take her to USA. I am in USA right now, hoping her to change and don't see any symptoms of change. I am scared to bring her to US. My entire family is in depression that we are away from my baby. I researched and found that she is a covert narcissist. Can I divorce my wife? How better I can co-parent living from USA? Have you handled any cases like this? Details can be provided if you need.
You can file for divorce on grounds of mental cruelty
2) wife threatening to commit suicide amounts to mental cruelty
3) rely upon her medical reports
4) in event wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
Thank you very much. Could you please help me understand how child custody works? My son is 3 years old now. My wife is working in India, living with her parents and I live in USA by myself. If proven that my wife did a life-threatening activity that could have ended my baby and her life, involvement by her parents, false acquisitions, her threatening etc, is she likely to ruin my life by false cases to keep my baby and get alimony? Do you think narcissistic personality disorder can be understood by court? I see in US narcissistic personality is well understood and I came to know that not a lot of people understands narcissistic personality disorder in India.
Since you stay in abroad unless and until you prove your wife to be mentally unsound mind custody is not going to be transferred in your favour.
However you will get liberal visitation rights.
After coming to India you can try your luck but again you need to prove that welfare of your child is at stake with your wife.
Welfare of child is paramount consideration
2) court generally awards custody of 3 year old child to mother
3) you can take the plea that mother is unfit to have child custody as she suffers from obsessive compulsive disorder and threatens to commit suicide
If the situation is intolerable and you feel that it is no more possible or feasible to continue the married life with her anymore then you can decide about dissolving the marriage by a decree of divorce.
You may a very less chance of getting custody or even joint custody of your child by permanently residing at USA.
You can file the divorce case on the grounds of cruelty.
Dear sir,
you can claim full legal custody, physical custody of the child.
you need to prove that the acts of the mother was dangerous for the child and child will be safe with you.
1. If the mother is willing to give up the custody of the child, then the father may get custody. 2. If the mother is not mentally stable, the father is the next person to get custody of the child.
If you are desiring to get a relief from a court of law of any nature, the burden to prove your case falls on you alone.
You first of all establish your allegations of narcissist personality then you may have to produce documentary evidences to substantiate your allegations and also present strong arguments to convince the court.
Don't ever underestimate the courts in India or form a wrong opinion about it.
It is your duty to prosecute your case as per law of the land by following due process of law if you are desirous of getting the relief.
1. Wife being "covert narcissist" is no ground for seeking decree of divorce from the Court as per Indian Law.
2. You have successfully warded of her family's attempt to influence your life.
3. You can file a Divorce Suit on the ground of cruelty if you can submit adequate evidence in support of your allegation.
4. However, it will be prudent on your part to negotiate with her and settle the dispute amicably in the interest of you, your wife and also the baby since divorce is considered as the second most stressful event in one's life.
- As per law, 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, as per Supreme court , Regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.
- However, for your safety, You can give information Application/Complaint to the police after narrating that you are facing hardship as your wife is having suicidal tendencies and further you and your family members should not be held responsible in case such a thing happens.
- Further, under Hindu law, A mother usually gets custody of the minor child, under the age of 5 and fathers get custody of older boys, but it is not a strict rule and is primarily decided based on the child’s interests.
- The choice of a child above the age of 9 is considered, and further a mother who is proven to neglect or ill-treat the child is not given custody.
You can connect via kaanoon.com , if further advise needed.
You need to file for custody before the family court in the said matter
