You are a government servant. You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce no court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality. Anyone can advise you to give divorce, but no one can come to your help. So far as cruelty of children is concerned you can email you complaint to Children’s Rights Commission. You can get there email from website. It is injustice to you but law is like that.
In need of Urgent Valuable Suggestion
Hello Respected Sir My married life is 9 Yrs old and we have 2 Sons Elder 7 yrs and younger 3 years. It is Second marriage for me and my wife both. I am Govt Officer she is House wife. Now my story is-+ 1 My wife always misbehave, abusing , insults to me and my widow Mom. She always uses bad words to me and my mom and alwsys beat terrible my both Sons in little Age. Then he usually come out from our House make atmosphere in her favour and get sympathy frm neighbours. In fact they listen to her and favor her but truth is different and inside of house. I nvr did any bad behave or beaten like that coz I want to live life happily whatever she has habits. Next she calls her parents frm other District who came to my home take her Police station and threatened me by Police officers and still I'm silent coz I m seeing to my sweet masum kids. Next she go to her parents house with her parents, stays there for 1 months and come back to my home and getting over confident she repaeat her cruel behave and repeat all actions police, insult to me in my colony, sympathy of neighbour go to parents home and back to my home and after few months all cruel behave repeatedly again. I m facing this tension fir last 8 years but nvr think negative to my married life. Now -- last 10days back she again went to her parental house without any reason LEAVING MY SONS AT MY HOME AND RETURNED BACK FOUR DAYS AGO AND TOOK MY SONS WITH HER. This is happening for last 8years. Now I wanna your valuable advise plz- 1 I want Divorce with my Wife. 2 I want Custody of kids Sons ages 7 and 3 3 if I don't take any action she will come back again and will do repeatedly manner . 4 Can I file Divorce application on the ground of Cruelty or other ground 5 Can she claim for Maintenance under CRPC 125and other Ailmony in any section 6Can I get children custody. PLZ SUGGEST ME SIR I M SUFFERING FRM GREAT TENSION Regards Sir. Mukesh
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8 Answers
A divorce petition must be filed by you immediately on grounds of cruelty and abuse. But first file a domestic violence case against her through your mother so that she doesn't come back to live or demands right of residence.
She can demand alimony/maintenance in case of divorce but only when she is not wrong in her actions.
Maintenance order can be obtained by her but final alimony will be decided by the courts based upon many factors.
Bring the children home first bwfore filing the divorce petition.
file for divorce on grounds of mental cruelty
2) seek sole custody of your children
3) wife can seek alimony in event of divorce
4) you have to prove allegations of mental cruelty
5) rely upon emails , messages , audio recordings to prove mental cruelty
- 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.
- If she is not interested to live with you then take her consent for mutual divorce and on refusal you can file a divorce petition on the ground of cruelty and mentioned grounds.
- Further , if she files a case against you or your family then your mother being a woman can also file a compliant against her harassment under the provision of Senior Citizen Act and also DV act .
- Yes, you can claim the custody of child of 9 years , if they are interested to live with you.
- Further, as she is not working hence she can claim maintenance from you but you can contest the same on the ground of cruelty as well.
You can contact me , if further suggestion needed.
Dear Sir,
1. File a divorce petition immediately under the ground of mental cruelty.
2. File for sole custody of children.
3. Since she can file domestic violence and other such cases against you, please keep a record of all emails, messages, audio, and any such proof for proving mental cruelty.
4. She can demand alimony/ maintenance, you can contest the same on the ground of mental cruelty.
Thank you
- For further assistance, you can book a consultation with me.
1. File a divorce case against your wife taking cruelty as the ground of divorce.
2. Seek interim custody of your children.
3. Yes, as you are government employee and earning; she can claim maintenance from you both under sec 125 crpc and under DV Act.
4. First send her a divorce notice through a lawyer and based on her reaction; proceed as per advise of your lawyer,
If the situation is intolerable and if you find it very hare and not feasible to live with her anymore in the marital relationship, you may file a divorce case on the grounds of cruelty.
If she is a housewife and do not have any source of income to sustain her expenses you are liable to give her monthly maintenance amount if she files a maintenance case in court.
. If you want the custody of your children, you may have to file a petition seeking child custody under guardians and wards act on the grounds that you rely upon which would establish the welfare of the children as paramount.
You can consult a local advocate and take a decision which would fetch you peace and solution for all these troubles .
1. If you want divorce then you are free to file petition for dissolution of marriage on the ground of cruelty.
2. Petition for child custody or Habeas Corpus Petition in the High Court will have to be filed by you to seek the custody of your children.
3. She can certainly seek maintenance under 125 Cr.P.C. and also under Section 12 of DV Act, 2005.
