• Mental harassment by my wife

Hi,

I have got married since 3 years, I have a 2 year old child. After my marriage I have come to know that my inlaws are staying with my married sister in her house. They do not have any accommodation. During my marriage this fact was suppressed to me and my family members. Hence, during my wife's pregnancy she spent the entire period in my parent's house. In fact after that during any problem she use to stay in my parent's house. She never visited her parents place although she is constantly keep in touch with her parents through phone calls. My inlaws use to visit my parent's place to see their daughter. My elderly parents has performed all the duties towards my wife and my child.

After the birth of my child the situation has changed she is not willing to stay with my parents anymore. I have made a separate accommodation for her in my workplace. We use to visit my parents place during vacations or for any medical emergency. However, my wife is constantly complaining me about about my mother. In fact she is threatening me to file domestic violence case against her in spite of taking all the services from my mother during her pregnancy period and afterwards. I am the only son of my parents. She is constantly pressurizing me not to visit my parent's place. If I do not fulfil any of her demands she use abusive language against me and my parents. She is not allowing me to show my child to my parents through video calls also.

My wife is a homemaker she does not earn anything. I have to spend huge amount of money every month for two house maids (one for my child and one domestic help). After doing all my duties almost everyday I am humiliated. It is difficult for me to stay with her day by day. I want advice regarding my future course of action.
Asked 2 years ago in Family Law
Religion: Hindu

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10 Answers

Record her threats 

 

2) wide forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce 

 

3) wife abusing husband amounts to mental cruelty and is ground for divorce 

 

4) file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

-  As per Supreme Court judgement, 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.

- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family.

- 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, she cannot disallow to the father of the child to meet , and the father being the natural guardian can seek visitation right and custody of the child .

- Further, if wife is living separate without any sufficient cause , then it can be considered as cruelty towards husband and a ground for divorce. 

- Further, if wife lied or concealed the true facts at the time of marriage , then the marriage can be declared as null and void by the court. 

- Hence, if she is not interested to live with you with your parents , then you can take her consent for mutual divorce and on refusal you can file a divorce petition on the aforesaid grounds .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If the domestic incidents are aggravating beyond tolerance you may decide to live separately away from her.

You can file a petition under section 10 of HMA seeking judicial separation.

Once you get a decree in your favor, you may decide about filing a divorce case in furtherance if there is no improvement in the married life or if reconciliation is possible to live a peaceful life together thereafter.

For now you don't allow her mother also to visit your home if your wife is very strict about your mother's visit or even talking to your children. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can visit to Family Counselor along with your wife and explain them a situation . Family Counselor will explain all merits and demerits of the situations to your wife.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You may be a victim of mental harassment and cruelty by your wife. Mental harassment and cruelty is a ground for divorce under the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. Mental harassment and cruelty can be defined as any conduct or behaviour that causes mental pain, agony, or suffering to the other spouse and makes it impossible for them to live together peacefully.

Some of the examples of mental harassment and cruelty by a wife are:

  • Constantly abusing, insulting, or humiliating the husband or his family members verbally or physically.
  • Threatening to file false cases of domestic violence, dowry, or adultery against the husband or his family members.
  • Refusing to perform marital duties or have sexual relations with the husband without any valid reason.
  • Denying the husband access or contact with his child or children without any valid reason.
  • Demanding excessive money or gifts from the husband or his family members.

If you are facing any of these situations, you can take legal action against your wife for mental harassment and cruelty. Some of the legal remedies available for you are:

  • You can file a complaint with the police or the magistrate against your wife for cruelty under Section 498A of the Indian Penal Code, 1860 (IPC). This section covers the cases where there is the infliction of physical or mental harassment on a married man by his wife or her relatives. The offences are punishable with imprisonment which may extend up to three years and shall also be liable to fine. The offences are also non-bailable and non-compoundable.
  • You can file a petition for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 or Section 27(1)(d) of the Special Marriage Act, 1954 in the family court. You have to prove that your wife has treated you with such cruelty that it is not possible for you to live with her. You have to provide evidence of her cruel behaviour, such as audio recordings, video recordings, chat screenshots, witness statements, medical reports, etc. You can also claim alimony, custody, or maintenance from your wife depending on your circumstances.
  • You can file a petition for judicial separation on the ground of cruelty under Section 10(1)(b) of the Hindu Marriage Act, 1955 or Section 23(1)(a) of the Special Marriage Act, 1954 in the family court. Judicial separation is a legal process where the spouses live separately without dissolving their marriage. It may be a temporary or permanent arrangement depending on their mutual consent. Judicial separation may help you to resolve your differences with your wife or prepare for divorce if reconciliation is not possible.

These are some of the legal options that you can consider for your future course of action. However, before taking any legal step, you should also try to resolve your issues with your wife amicably through counselling, mediation, or negotiation. You should also consult a lawyer or a legal expert for further guidance and assistance.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

You can file for contested divorce in above case and get the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client I am sorry to hear about your situation how ever in this case you can go at and file a divorce petition before the court under Section 13 of the Hindu Marriage Act on the ground of harassment and cruelty

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. You shallhave to decide as to what do you want to do now under your present circumstances.

 

2. You can pull on with her such illegal and cruel treatments with you for your child or seek a decree of divorce on the ground of cruelty.

 

3. Her insisting you for not visiting your parent's place and her refusing to allow you to show your child on video calling with your parents are clear case of cruelty on the part of your wife for which decree of divorce cvasn be sought by you.

 

4. I will suggest you to colect and preserve all her such illegal cruel acts on you by cleverly vidie recording the incidences.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

You are suggested to be bold and mentally strong. Being only son of parents, you have very pious duty to look after them and your wife can't make any hinderance in that. Give a strong thought, do discuss with friend and collegues to find some solution. Also, have video record of her activities so that you will be able to convince anyone if you are questioned. After gathering suffcient material proof, take strong steps and reply her strongly.    

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Greetings of the Day,

I have read your issue but find that there are some facts which need to be clarified. You can approach on either nine two one two one two four five eight five or seven zero four two eight three three six eight six for personal approach.

We Hope that a personal consultation would be fruitful to the issue and it would be better for you to talk to someone directly.

Best Regards

SPS Law Chambers
New Delhi.

Shivam Bansal
Advocate, New Delhi
131 Answers

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