As per the Indian Law, wife has no such right to prevent her spouse from meeting, contacting, communicating and even living with his parents under one roof. If she attempts to do that, it amounts to cruelty, for which divorce or judicial separation can also be sought as cruelty is a valid ground to seek divorce in India.
Wife stopping me from meeting my parents
I am a 40-year old male, married for 10 years, no children. We both are staying outside India for all these years. In the initial years after marriage my parents had some expectations from my wife and used to pass some comments, which my wife found inappropriate. I also did not like such behaviour from them, and I have often stood by my wife against my parents. I have two elder sisters, and they also have made such comments at times. For the last few years, there has been zero conversation over telephone between my parents and my wife. While in India, she has hardly visitied my parents house in all these years, and my parents have accepted this arrangement. My wife and I have bought our own house in the same city. It is not entirely furnished, but still livable. My wife's father passed away two years ago and her relation with her mother is not very good. Furthermore, she has become extremely frustrated in the last 2 years or so because of some poor experiences in her professional career. Nowadays, in frustration, she often says that I should not visit my parents or my sisters at all. Last year she also threatened me with suicide if I went back from our home to my parents house. Given this brief background, I want to know if my wife can legally stop me from visiting my parents, or my sisters for that matter.
Asked 2 years ago in Family Law
Religion: Hindu
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16 Answers
you cannot be stopped from meeting your parents or sisters
2) you can file for divorce on grounds of mental cruelty
3) wife forcing husband to stay separate from parents amounts to mental cruelty
4) wife threatening to commit suicide amounts to mental cruelty
Your wife has no legal right to stop you from visiting your parents or your sisters. In case she stops you from meeting your parents and your sisters, that amounts to cruelty, which would be a strong ground for you to obtain divorce from her.
Hello,
- No, your wife cannot legally stop you from visiting or communicating with your parents or your siblings. If she does so, it will be treated as acts of cruelty against you, for instance threatening to commit suicide in case of not complying.
- As the matter pertains to her equations with her own parent and her past equations with yours, you may have to handle it more sensitively as it can have larger implications leading to untoward incidents.
My wife used to work in India before our marriage. Once outside, she has earned a Master degree, and was employed in a 2-year contract position. She is a bright professional. However, she has not progressed in her career for the last five years. This has caused her tremendous anguish, and serious mental health problems, especially over the last two years. I have often asked her to visit a psychologist or at least try anti-anxiety medicine, but she has flatly refused every time. As a result when she is doing well at her work, she is calmer, and at times even loving towards me. She now has a position with some amount of pay, and in a couple of years time, she would do well again (hopefully). However, if something doesn't go as per her wish, she flies off the handle very easily. Of late, she has resorted to using extremely foul language not only for me, but for her mother, her aunts, my parents and so on. I am therefore in a dilemma. Should I wait for her career to be back on track, through which she will regain her mental peace. Or should I cut my losses and go for separation.
Asked 2 years ago
Hello,
- Your question is all about choosing the right time to file for divorce, if I guessed it right. Even if you wait for her to become mentally stable by being professionally stable, the idea of separation may not be on her mind as she has distanced herself from all except you.
- Therefore, you should in my opinion place the idea before her nowand if she is not agreeable for a mutually consented separation, as you said cut your losses and go for it.
Legally your wife cannot prevent you from visiting your parents or your sisters.
This can be considered as an act of cruelty.
Her threats for suicide is also an act of cruelty.
If you do not want your married life to broken then you can convince your wife and adjust with her on certain issues in order to save your marriage.
If the things go beyond your control then you may take a declension to continue or to discontinue the married life with her
If the situation is intolerable then you can decide about judicial separation also which would be temporary.
in fact it is the external factors that constantly disturbs her mental stability.
In such a situation you can understand her mental condition and can be with her together offering her some solace, encouraging words and taking care of her so that she will be convinced and may be able to return to normalcy
It will be easy to take decision in haste and frustration but when you realize then it will be too late to rebuild the relationship
A cool mind and patient attitude will fetch you ideas to handle them effectively.
If nothing works then you can decide either to go for divorce or just a judicial separation alone
record her abuses
2) visit a family counsellor with your wife to resolve your problems
3) file for divorce if situation does not improve
1. Your wife has no legal right to restrain your visit to your parents or sister or anybody permitted by law.
2. The said act of your wife amounts to cruelty for which decree of divorce can be sought.
3. May be she is behaving so due to her own frustration for which you might consider taking her for counselling.
1. Your seeking separation from her when she is in a stressful situation might be considered as too harsh and an act to shrug off responsibility.
2. She should be taken to a counsellor and shall have to be dealt with very compassionately.
- 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, in an another case the Supreme Court held that , asking a son to separate from his family amounts to cruelty, and it was held that after marriage a woman becomes a part of the husband’s family and as such she cannot seek to separate her husband from his aged parents for insignificant reasons like she wants to enjoy her husband’s income all alone.
- Hence, as per law, she cannot deny living with you, under the condition of separate living from the family, and further she also cannot stop you from visiting from your parents and family member.
- However, you should try to settle the dispute with her.
Dear Client,
Legally, your wife cannot prevent you from visiting your parents or sisters. In India, the relationship between spouses is governed by the principles of mutual respect and individual rights, and while both spouses have certain obligations towards each other, they also retain their individual rights to maintain relationships with their own family members. Consider seeking marital counselling to address the underlying issues in your relationship. If your wife continues to make threats or if you feel that the situation is deteriorating, you may need to involve a mental health professional. Should you require any further clarification, please do not hesitate to contact us.
I am 43-year-old man, married for more than ten years, no kids. Both of us have been staying outside India all these years. My earlier jobs were on a contract due to which my wife had to follow me twice into new countries. She was a working professional before marriage, and the initial years in our married life impacted her career. But, she did manage to find for herself good positions in both countries. However, even now, both of our careers are not exactly going great. Over the last three years, she has been verbally abusive towards me, my friends as and family. I have audio recordings for more than two years where she is using foul and insulting language, and shouting at me. Twice she has slapped me across the face. During the second slapping incident, as I was trying to stop her from doing something dangerous, she dug her nails into my right wrist, causing a noticeable injury. During one abusive episode, I have used foul language for her once, but I have never hit or slap or attack her physically. I have been ignoring her abusive behaviour because I acknowledge that my job has had an adverse impact on her career. However, I repeatedly ask myself for how long should continue to take the abuse lying down. She is currently in India, and today her aunt called me to inform me that my wife is hitting her mother. Over the past couple of years, she has hit her mother on a few occasions. I am afraid that if I go to India, sooner or later, I may be subjected to physical abuse again. Given this situation, I see these two options in front of me: 1. serve a legal notice to her that such continued physical attacks from her, on anyone, would result in the initiation of divorce proceedings from my end 2. directly go for divorce on the grounds of mental cruelty I want to ask what would be the best way to move forward, whether there are any other things that must be considered, is there any other option. I request your help to arrive at a decision.
Asked 7 days ago
Send an email to her regarding her constant abusive behaviour
request her to consult a psychiatrist
if she is not interested in continuing the marriage offer her option of divorce by Mutual consent
If the situation is intolerable and the continuous aggressive behaviour causes safety concern as well as making it impossible to continue the married life with her, you may decide to snap ties with her immediately by filing a divorce case on the grounds of mental as well as physical cruelty.
Yes you can do both the options sending legal notice first and then file divorce. You can contact us through kaanoon if you need any further assistance
1. Firstly , you should lodge a complaint against her for the said acts , and this complaint can also be filed by the aggrieved person after obtaining a MLC from the hospital
- Further , on the ground of said complaint and on other grounds you can file a divorce petition
2. Better issue a legal notice before filing the petition.