Hi... I work in merchant Navy.. So due to my job I have to stay on ship for 4-6 months a year. Me and my wife married in 2018 as my mother did not accept her we were staying separately from my mother.But rest all my relatives came to our marriage and we had a great wedding.In the first two years everything was okay but .. she started stopping me to go to any relatives place and most of all my mom s place.. As because my mom didn't accept her so I should not go to her house and help her. From 2018 till now I stayed in my mom s place overnight only for 9 days for her cataract operation on both eyes... And hardly I go to my mom's place for one or two hours once or twice every week that too on a weekday when she is busy in her office. Wat I mean to say is any tym if I go to my mother place i am not hampering any tym which we as a couple can spend together.. Still she started to restrict me so that I do not go to my mom place... Gradually even if if I go for two hours it became a huge issue for our fight... She started to abuse my mother and my family members to me, even if my family member calls her she don't pick up but later on blame them that when I am on ship they don't ask about her whereabouts. Still I was managing somehow, but my relationship with all of my family members slowly detoriated, that's also was somewhat I accepted. This year in feb, she got pregnant.. I went to ship in April last week and came back in oct 3rd week... During these 6 months she was continuously abusing me and my family... Balming me for not being there in pregnancy, though I insistedwe should plan in such a way that I can stay for 9 months but she told age will be a factor and she can manage... But only after one week she started blaming me for not being there. Slowly the abuses increased... And one fine day just as I was not able to call her in previously agreed tym she used my sim and texted my mother not to have contact with me.. All these msgs she did and pretended that the sender is me.,.. She reinstalled my whatsapp in her another phn with my sim... And saw there were only two msgs sent to my mother in 4 months asking how was her health and her eye after the operation... These msgs made her furious... Though I talked with my wife almost everyday still these two three msgs to my mom made her think that I don't give any value to her and only to my mother... So she now used my sim to abuse my mother told her widow bitch and threatened her to stay out of my life... Threatened me of 498a though there is no such case.. All these just bcz I was not coming which was not in my hand also. I was contract bound for work for 6 months but still I requested for early relief from ship and came in 5 and half months.. And I was there for delivery.. When I came back she asked me to block my mom and forced me to call her and tell that I should not contact her anymore otherwise she will do something to the baby. I want a divorce... I have proof of txt and voice msg.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
File for divorce on grounds of mental cruelty
2) wife forcing husband not to contact his parents amounts to mental cruelty
3) wife abusing husband amounts to mental cruelty
4) rely upon messages and audio recordings on your possession
5) in case wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court
1. Convince your wife to agree for Mutual Consent Divorce, whereby both of you can save time and the expenses. The MCD may be effected within six months.
2. By opting for the Mutual Consent Divorce, all assets and liabilities, custody of child, division of assets can be mutually and amicably settled.
3. However, based on the available evidence in the form of text and voice messages, you can file for contested divorce from your wife, which takes longer time than the Mutual Consent Divorce.
- 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.
- 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.
- Her said acts are amounts to cruelty, and hence you can file a divorce petition before the family court on the ground of cruelty and other mentioned grounds.
- Further, before filing an FIR under section 498a , you will be given chance by the women cell to explain your position , and only on her complaint an FIR cannot be lodged.
You can file for divorce. If she is ready for mutual then you can file it. Otherwise contested divorce is only way
She cannot restrict you to talk to your mother or visiting your mother's place
If she do not want to talk to your mother or not wiling to see her then it is her decision, you cannot force her similarly she cannot force you to curtail your relationship with your mother for any reason.
She compelling you to stay away from your mother is also an act of cruelty
If the situation continues and becomes intolerable then you can decide about filing a contested divorce case on the grounds of mental cruelty and abuses against your mother and other relatives.
Dear Client,
Your wife's limits on your family relations have caused problems in your marriage, which have escalated to abuse and threats. You tried to be there for her during her pregnancy, yet miscommunications continue. You're thinking of getting a divorce because of evidence of abusive behavior. Discuss your evidence with a family law attorney to get advice on next steps and possible outcomes.
