I got married in Feb 2014 and since then my wife is staying with her parents for her masters which she completed in June 2015. In between my in laws abused and misbehave me several times for me being irresponsible because I'm not asking for her fees,expenses etc and regularly visiting my home and many big and small things. They even didn't allow my wife to come to my living place(my official residence) and us to habitat. They also didn't allowed us to habitat even at their parents home. That's why we need to find hotels. Now till June they are avoiding to send her with me by posing stupid conditions and creating a negative scene. Me and my parents requested them several times but they are always avoiding. Unfortunately my wife is also their side. In such conditions I want to get judicially separated from her and Start a new life because I'm suffering from one and half years. Please show me way for this and also I don't want to pay any alimony. I'm a Govt officer. Also if anybody could please handle my case it would be of great favour to me and my family.
Asked 2 years ago in Family Law from Gorakhpur, Uttar Pradesh
1) send emails to her narrating entire history requesting her to return to her matrimonial home
2) if no reply received send reminders
3) contact a local lawyer and file for divorce on grounds of mental cruelty
4) if wife is working she won't get any maintenance
Hi, you have to file a petition for divorce on the ground of cruelty, after hearing the parties if the court come to the conclusion that your wife has inflicted cruelty then you will get the divorce.
2. It is the duty of the husband to maintain his wife and children and as per latest supreme court ruling if the wife is well qualified then she will not entitled for maintenance, but there is no hard and fast rule it will depending upon the facts and circumstances of the each cases.
1. If you wish to get legally separated from her then the recourse under the legal framework is to file for divorce on the basis of cruelty, which she will be allowed to contest in defence.
2. She may hit back by filing cases of dowry harassment, assault and domestic violence against you and your family members which you should contest.
3. If she files for maintenance then you can contest her claim on the ground that she is well qualified to earn herself and that she has not been subjected to domestic violence.
1) I would suggest that you file for Restitution of Conjugal rights rather than judicial separation or a divorce. This is a petition in the court asking your wife to come and join you in your matrimonial home and resume her marriage.
2) If your wife still refuses to follow the court order that will become a ground for seeking for divorce.
Thanks to all....she never lived with me...means she only came once for 4 days to my house....also she is an mtech.... In that case is,any domestic violence possible??
Also she knows everything as all these happen before her...but I'll definitely send mail...I had already written 4 letters to her father.. Still unreplied.... Also she meets me in hotels many times....definitely I gone through series of mental harassment in last 18 months.....only fault made by me that sometimes I abused her parents on phone talking to her...is that a problem?? Please help
Asked 2 years ago
Hi, it is very difficult to prove the cruelty before the court and you don't bother too much and contest the case on merits.
1) domestic violence is a continuing offence
2) you have to send letters to your wife not her father
3) file fir divorce on grounds of cruelty as advised earlier
4) if wife had recorded phone calls made by you to her father yiu would have lot of explanation to do
1. Do you know what is the reason for which she also is not willing to join you?
2. You talk to her and ask her to agree for Mutual Consent Divorce if she does not want to stay with you since MCD will be disposed of with in 6 & 1/2 months from the date of filing,
3. It may be beneficial for you to offer her some compensation to lure her to agree for the MCD since it will make you absolutely free within 6 7 1/2 months whereas contested divorce case may take 4/5 years,
4. However, if she does not agree for MCD, file a divorce petition on the ground of cruelty.
1. Abusing wife's parents while taking to her over phone is not the best behaviour expected from husband,
2. However, she can file DV case also even if she stayed for only 4 days,
3. Similarly your mother and/or sister also can file DV case against her,
4. Talk to her about MCD if you have decided to terminate the marital relationship with her.
1. Domestic violence is not determined with respect to the duration of time for which the spouses cohabited.
2. If she has recorded your abuses then it will land you in trouble in court.
First yo issue a legal notice to your wife instructing her to return to her matrimonial home immediately because she has not made any attempt to visit her matrimonial home ever since her marriage and in the pretext of continuing of her higher studies, she is staying back at her parents house without cohabitation
If she fails to comply with the demand made, you may file a divorce case .on the grounds of cruelty and non-cohabitation.
she never lived with me...means she only came once for 4 days to my house....also she is an mtech.... In that case is,any domestic violence possible??
She can file domestic violence case if she has stepped into your house even for one hour.
only fault made by me that sometimes I abused her parents on phone talking to her...is that a problem??
This will not be problem, but they may be planning to file dowry demand harassment cases, you gotta be careful on that aspect.