File petition for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) seek sole custody of your son
4) court would award you visitation rights atleast
Dispute with my wife and child costudy
I got married in 2013 it was an arranged marriage. Till we have child I.e. was in the year 2104 everything was going smoothly. But once we were blessed with baby boy she started showing her true colors. She started ill treating my parents and also started torturing me mentally. In the marriage life of 7 years she left my house 9 times out of which 7 times leaving my son behind. Every time I make her understand and take her back but after few days she starts the same behavior again. Last time when she left my house she had filled a police complaint in the women's police station about dowry and domestic violence and that time police counseled us and I took here back again . But now again she left my house along with my 7 year old son and has again filed a police complaint which she latter on withdrawan on herself. Its been more than 9 months now and she is leaving in her parent's house along with my child. She doesn't allow me to take my child outside with me. And also threatened me to commit suicide if I forcefully take my child with me. As she don't have any legal paper to keep my child with her I insisted here that let my son who is willing to come and stay with me to come with me but she said no. Also I have paid all the fees of my son and now she is pressuring me to get the admission of my son in the city she is living with her parents. I want divorce from here and also want my son in my costudy as her parents and brother are not taking good care of my son. What if I take my son with me without letting her know. What if she harm herself of try to commit suicide once I take my son with me from her. Please guide me and give solution as my son I unnecessarily suffering.
Asked 5 years ago in Family Law
Religion: Hindu
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7 Answers
1. If you keep the child with you or take him away then your wife will have to file custody suit in which the court would pass necessary order as per the merit of the case.
2. The life and death is in the hands of the God in which you have no control. The proof of abetment of suicide is most difficult to prove and mere suicide does not presume involvement of abetment.
If the situation is intolerable you may decide to file a contested divorce on the grounds of cruelty.
You can file a child custody case under the Guardians and wards act to seek permanent and full custody of your child for the reasons you rely upon.
You can clearly make it in your pleadings all the events that took place in your married life chronologically.
Even if you forcibly take your child with you, away from her, she cannot make a police complaint about this as the child belongs to both of you hence taking away the child by the biological father with him is not a crime.
However if she really commits suicide for this then you may have to challenge the case for abetment of suicide on merits and documentary evidences.
Filing divorce is easy process, but the reactions that may trigger are difficult face. A husband can file only divorce and rcr both cases are of civil nature with civil consequences. A wife can file multiple criminal as well as civil cases. She can file 498A, 406, Domestic Violence Act, 2005, 125 Code of Criminal Procedure, 1973 and cases under Hindu Marriage Act, 1955. This is the factual state of law. Once a divorce is filed, you will have to pay hefty sum as maintenance during the proceeding which may drag for years. After divorce you have to settle handsome alimony on her. If she becomes offensive you will be facing police and courts. You can involve only her in divorce but she can involve all your family members. Settle the dispute mutually. Don’t give her reason to visit a lawyer, once she consults that will be opening to trouble box for you. For further clarification you may contact me. Hit the like button if the advice is useful to you. Advice may not be to your liking, but there are hard facts.
- As per Supreme Court judgment, 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 continuous threatening for committing suicide is also a ground of divorce.
- Further, \legally she cannot disallow you to take the baby girl forcibly.
- If she is not interested to live with you , then you should take her consent for mutual divorce on the condition of custody of child .
- Further , if she refused , then you can file contested divorce petition against her on the ground of cruelty and above mentioned grounds.
- However, before filing any case, you should give a compliant as information to the police and higher official after stating that you are facing hardship , as your wife having suicidal attitude and threatening for the same , hence if she commit , then in that eventuality you and your family members will not responsible.
You can contact me , if further suggestion needed.
If you want to resume your relationship with her then you need to file a petition before Family Court under sec. 9 of Hindu Marriage Act and along with that file a suit for custody of your child under Hindu Adoptions and Maintenance Act.
If you don't want to resume relationship with her then you need to issue notice of divorce to her and intimate the nearest police station under title "Janva Jog Arji" stating that she has left her matrimonial place since long and has attained forceful custody of your child and also the history of cruelty that she has adhered on you and your family members and serve it through RPAD. Also serve copy of the same through RPAD to the Ministry of Women and Child Welfare, Gujarat, The Home Ministry, Gujarat, District Commissioner of Police and the PSI of the nearest police station.
After 15 days of service of this notice apply before the concerned Family Court for divorce. Also file custody petition before the concerned family Court and place interim visitation application along with it.
Dear Sir
You can file a suit for divorce citing mental harassment as a ground as it falls under the ambit of cruelty. if you want the custody of your child, you can file a case for the same. If you are able to prove the allegations against your wife that you have mentioned in the query, you will not be charged with the offence of abatement of suicide.
