Hi All, I got married on 26/02/2020 , it was arranged marriage and had alot of understanding problems from begining , due to this - we had trust and ego issues. Later , my wife was carrying and gave birth to baby on 19/11/2020 . Post child birth , I started having more problems , my wife and her family started behaving harshly , treating me rudely while I visit thier home to see my baby. After couple of months , I was tired of this behaviour , I stopped my visit to see my baby . No calls or msg from both families for 9 months. On 15/08/2021 - my father-in-law called up for baby's naming ceremony and spoke in very abusive language , threatened me to kill . Wife went on naming the baby without me and my family presence . Have celebrated the one year birthday as well . One year has passed , haven't seen my baby , my wife hasn't returned back . Wife and her family show no interest. My mental health has been impacted over a year. Shall I give RCR notice now or file a divorce ??.
File for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
3) seek joint custody of your child
4) also seek visitation rights pending g hearing and final disposal of petition
1. Send a legal notice to her to forthwith join you in your marital life.
2. If there's no positive response from her side, file for RCR.
3. If there's no positive response to this, file for a contested divorce.
If. You want her back then RCR else divorce and custody for your child
Dear client,
If you are interested to continue the marriage then file for restitution of conjugal rights. You may want to get to know your wife properly before filing for a divorce.
Thank you
Filing divorce is easy process, but the reactions that may trigger are difficult to 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 to 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 in criminal cases. Settle the dispute mutually. Don’t give her reason to visit a lawyer, once she consults that will be opening of box of trouble for you. For further clarification you may contact me through pathlegal. Hit the like button if the advice is useful to you. Advice may not be to your liking, but there are hard facts.
In the given circumstances you first issue a legal notice to her instructing her to return to the matrimonial fold immediately within a time stipulated in the legal notice.
If she do not respond or comply with the demand made, you may file a petition under section 9 of HMA seeking restitution of conjugal rights.
Simultaneously you may file a child custody case too with an application for visitation rights as an interim relief in the child custody case.
You can think about filing divorce case if the response is not conducive in the RCR case.
It is better to file a petition for RCR, if you wish to save the institution of your marriage; more so when you have a year old child. Please keep the option of reconciliation open. Do not let your parents or your wife's or any of your relatives come in between and poison your minds. Remember, marriage is a life-long relationship.
Yes, giving a Restitution of conjugal rights notice is necessary in this case. If you get a negative or no response then file for Restitution of Conjugal rights in court.
- 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, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- If she is not interested to live with you, then try to take her consent for mutual divorce.
- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds.
- Since, she has left you, then for your safeguards, you can lodged you complaint before the police and higher official, as an information, after mentioning the details and also for threatening to implicate you in false dowry cases.
- Further , if you want to live with her , then firstly send a legal notice to her and ask for join the matrimonial life with you ,
- If no response, then file a suit for restitution of conjugal right before the family court.
Thank you all for your valuable advise on my question. Recently my father-in-law had texted me and said - he would go to court and fight legally. So do I wait for him to file a case or complaint against me ? Or shall I file a divorce case before he file a case ? I am salaried employee , no properties or assets on my name. But my father has self earned properties and have four childrens (including me). Will court grant any share to my wife or my child as alimony ?? Thanks in advance !! Regards, Mahadev
Wife / children have no share in properties standing in your parents name
file for divorce on grounds of mental cruelty
wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
Please do not jump to any conclusions now. No need to precipitate any action. You may get an opportunity to inherit a share in your father's estate only after his lifetime.
Dear client,
If you want to end the marriage, then you can file a suit for divorce before your father-in-law takes any action against you. About the alimony part, you may have to pay your wife some amount as alimony and maintenance, especially if you have a child. The maintenance is usually calculated at around 1/5th to 1/3rd of your monthly salary. Your father's property shares will most likely not be affected.
Thank you.
If your father in law is threatening to approach court, you may record his conversation the next time and ask him to proceed.
If you want to avoid complicated legal proceedings, you may first issue a legal notice to her to return to the matrimonial fold after which you can decide either to file a RCR case of divorce case.
She cannot claim any share in your own property as a right, hence there is no scope for her to claim any share out of your father's properties too.
You can wait as well as file first. It's your choice. Of it's self acquired property then no court can grant anything against his will
- You can wait for his filing the case or compliant , as if you don't want to live with her then a divorce petition can be filed later on as well,
- However, she can claim maintenance from you and also residential right , but she cannot claim any share in the property of your father during your lifetime whether the property is self acquired or ancestral.
You should try to settle the matter amicably without going to authorities/courts because once you seek a relief through the courts then their will be no rapprochement with your wife. Try mediation through friends and family.
The court will only grant maintenance and alimony based upon what you earn. Your father's assets and money/property will not be taken into consideration.