• Harassment from wife and in-laws

Hi Sir/Madam,

Met a baba in 2011, started following and he married me off to a girl in 2014.

He told me she was a bania and asked me if i belive in Sai baba I should marry the girl eventough I am a brahmin. I being a educated person agreed, after my marraige I was shocked that she was from ST community.

Last 7 years have been hell in my life, she is using the ST certificate to constantly threaten me, had to move out of parental home. She doesn't even take care of the Kid properrly.Her family constantly keep demanding money from me. My co son-in-laws have also started expolitong me.

Every day she keep using foul and lewd stuff about me and my parents.
I am tired and sick of this and but love my son so can't go for divorce.Also i know that they will kill my son if i am not there
Asked 3 years ago in Family Law
Religion: Hindu

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15 Answers

Record her abuses 

 

2) refuse to pay any money to in laws 

 

3) file for divorce on grounds of mental cruelty 

 

4) seek sole custody of your child 

Ajay Sethi
Advocate, Mumbai
94693 Answers
7527 Consultations

5.0 on 5.0

You don’t want to divorce her then you have to adjust with her. Giving divorce is also not easy. It create of chain of reactions from her of criminal cases under 498A, Domestic Violence Act, 2005, dowry harassment, 125 Code of Criminal Procedure, 1973 etc. She can drag you parents also. You have pulled on for 7 years with her may be she will change with time. Wait for that. Or may be consult baba again this time he may help you.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

If you apprehend any danger to your son during your absence, you may lodge a complaint against her and her people expressing your fears in this regard and seek protection.

You may also plan to leave the house  and start living separately away from her along with your son.

You can file a divorce case on the grounds of cruelty after leaving her company. 

You may discuss with a local lawyer and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
84894 Answers
2190 Consultations

5.0 on 5.0

Dear Sir, 

1. It is advisable to approach the counsellor and apply for judicial separation narrating all the incidents. You can apply for a divorce by yourself on the grounds of cruelty if nothing works out.  

2. It would be safe for you, that first, make a complaint against the threats being put out to you by your wife and then proceed further.

3. Collect evidence regarding further threats as it would safeguard you in case she files a case against you in the future. 

4. this will help you in registering her conduct, threats and false claim if any with the police or counsellor or women cell. 

  • For further assistance, please book a consultation with me. 
  •  

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships and accepting divorce as the rational choice to a better life necessary premised on better relationships.

A lot of conversation gap is in between your wife and you. So first, you may consult Baba or close relatives or friends who can patch up your life problems.

If it is not work properly then approach the court. You can ask custody for child. After divorce/separation, the husband can move an application for the custody of a child under Guardian & wards Act and if the parties are Hindu then under Hindu Minority & Guardianship Act. The husband also has a right to claim the right of meeting the child and to take the child during holidays till the disposal of the petition for custody. The parties can ask for the above said interim relief from the Court.

 

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

First of all, you cant do anything to baba because you being a educated person agreed for marriage.

 

How you paying them. if cash then stop cash now and pay using other methods.

That will help. 

If not paying cash then collect all payment records in file.  Stop further payments.

 

Records the threats and demands.

 

You can make a complaint for threats.

 

if possible then you shift along with son (if above 5) and then file child custody case.  

.

 

 

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

There is no other way. You need to file for divorce and custody of child citing his security reasons

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Life and death are in the Hands of GOD so don't afraid about your son, file the divorce case immediately based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 along with an application under section 26 of HMA for child custody.

 

apart from the above, you may file a separate case for child custody under Guardian and Wards act-1940.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Start recording everything. Audio video recordings of her and her relatives. File a domestic violence case against her through your mother. Also file a divorce petition on grounds of cruelty and hiding the fact thar she was from the other community.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If this marriage is nothing but a baggage for you, it is better to part ways with your wife.

 

As regards to your child, it is always open for you to claim custody of your son. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. You shall have to decide as to what do you want from this relationship with your wife.

 

2. Either you carry on with it or terminate it.

 

3. If you want to terminate your matrimonial relationship, collect all the evidence of her cruel acts by audio/video recording her statements and thereafter file a divorce suit on the ground of cruelty submitting evidence in support of your allegation.

 

4. You can also file a child custody case simultaneously claiming custody of your child if she wants to leave your house with your child.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir

You may file divorce case on the ground of cruelty and if she files any false criminal case better approach High court and get it quashed easily.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

- 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 , this marriage can be declared as null and void , if she has concealed the true facts from you before the marriage. 

- If , she is not interested to live with you , then you can take her consent for mutual divorce , otherwise you can file divorce petition on the ground of above mentioned grounds. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Dear Concerned, 

 

At the first instance YOUR notes even though these are actual facts - NO COURT will agree to below

a. Your story of Baba

b. Fact that you did not know she was a ST at the time of marriage 

c. Even after you came to know that she was an ST - you produced a children with her 

 

SO BASICALLY - Dont crib on something which may be true - but you can not do anything about it. 

 

What to do : 

 

a. FIRST - Protect your parents - your parents need to file a complaint in local police station copying it to SSP , stating you and your wife has been living separately from XYZ years and they live peacefully at there own home and have nothing to do with your matrimonial life, and now they have come to know about difference between you and your wife and fear , that your wife may file false case against them, hence they do not want you or your wife to come to their house. 

 

b. STOP getting harassed financially - DO NOT PAY any money if your wife and child is staying with you. TAKE care of all expenses yourself , keep note of every single penny you spend on household - YOU are already in problem called BAD WIFE - maximum she can do is file false cases under Domestic violence or maintenance - PLEASE note THE COURT cannot direct you to pay maintenance if your wife is staying with you, HOWEVER wil definitely ask you to support her and pay for your son if you are staying separately.  

 

c. FURTHER - file a Guardian and Ward suit in the concerned family court OR an Injunction suit in the family court seeking an order from the court against your wife to take your child outside the jurisdiction of the court. 

 

d. Divorce does not separate you from your son, the Supreme Court in its judgement in Yashita Sahu in January 2020 has issued directions of shared custody - so even if you file divorce and wife has the custody - you will still get the visitation rights and shared custody - HOWVER the only issue is SUCH order from Family court will take time ...... ONLY smartest and Honest judges give quick orders.

 

You may choose to consider all points above and plan your strategy 

 

Best of Luck, Stay Protected - Stay Blessed. 

 

 

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. You have not mentioned how she has threatened you on the basis of her ST certificate.

2. Nothing stops you from filing petition for divorce on the ground of cruelty under Section 13 of HMA.

3. You can file petition for child custody to get the sole custody of child and can succeed also if you can prove that she can put child to physical harm.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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