File petition for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty and is ground fir divorce
3) wife forcing husband d to stay separate from parents amounts to mental cruelty
Wife family threatening us
I was married in oct 2023, my wife was staying in another place because of her work, almost 4hrs from bangalore. I work in bangalore. She came to our house 4 times each time staying mostly for 1 day. After that everytime we ask her to come to our hometown for celebrating festivals, she denies, she even asks who am i to question. Then we asked her to bring her parents and some elders from her church who are part of the marriage to settle the disputes, because she keeps on insulting us and she calls me a useless fellow. Everytime we ask her she says she will not bring anyone. Then one day we asked her when her transfer will come, and she said she is already transferred to bangalore and is staying in a pg for more than a month, we didn't even know that. For 7 months, i didn't even see her, whenever phone call happens, she keeps on quarelling. Finally in Feb 2025, her parents and some relative came and after discussion, she came to our house, she only lies on bed whole day only coming out for eating food even on weekends. We asked her to help in house hold chores as my mother is old and is not able to do entire work, she said she will not help. We asked her to contribute to household expenses, she said she will not give. The marriage broker on girls side already informed earlier that they want me to live seperately with her and leave my mother. I am a single parent child, i cannot leave my old mother alone. The good friday came, we asked her to come with us to hometown, she agreed, because of some work we asked her to stay at her quarters (she has quarters allotted already and she was staying there before coming to our house) since it is very near to her office whereas from my house it takes almost 1 hr to her bank. She didn't say anything. Then suddenly on evening of journey day, she didn't come back from office and she messaged that she will not come to our house and blocked my number. I called her parents, brother but no one picked the call. Finally i called her relative who came to settle in Feb 2025, he said she feels we mistreated her and she is not ready to come to our house. Now her parents are forcing me to come to Vizag to settle this and seperate. I said we both are working in bangalore, it will be a neutral place to have discussion. But they are threatening if we don't go to vizag they will bring us forcefully by complaining to police. Now we are not sure what to do. That relative is also threatening us with police cases. They are giving two options 1. Seperate by police/court or 2. Through lok adalat. I am earning 1.6 lacs per month and she earns 40k per month(SBI employee). What is our options in this?
Asked 4 days ago in Family Law
Religion: Christian
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9 Answers
You can remain firm in your decision.
You may decide to not to go to Vishakapatnam because it may be a secret plan to get you arrested.
If the put pressure of police case, you may ask them to proceed.
You may bring your mother with you to Bangalore and live here.
If police is informing you to come to vishakapatnam, you can inform them that you are busy and avoid to the extent possible and you can give a complaint to the local police about the harassment and threats that your wife is unleashing against you.
Your Legal Options & Rights
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No Need to Go to Vizag:
You're not legally required to travel to Vizag or meet anyone unless summoned by court or police with a valid notice. Insist on any discussions happening in Bangalore, a neutral and work-related location. -
Police Threats:
If they file a false complaint (e.g., 498A), stay calm. No arrest is made without preliminary inquiry after Supreme Court directions (Rajesh Sharma vs State of UP, 2017). You may seek anticipatory bail if needed. -
Family Support:
You are not bound to live separately from your mother, especially when she's dependent and you are a single child. Courts cannot force separation unless cruelty is proven. -
Settlement Pressure:
You can agree for Lok Adalat or mutual divorce only if you are mentally prepared. Do not sign anything under pressure. Make sure terms like no further legal action, alimony, property, etc. are clearly documented. -
Harassment/Threats:
Record messages/calls. If threats escalate, file a complaint with Bangalore police under Sections 506/507 IPC for criminal intimidation.
Recommendations
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Document everything (messages, call logs, incidents).
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If she files cases, you can counter with restitution of conjugal rights (Section 9, Hindu Marriage Act) or seek nullity if no cohabitation ever happened.
If any criminal non bailable offence is registered against you or you feel same can be filed then you can seek anticipatory bail in advance to secure your self from arrest. You don’t have any option then to contest the cases if any filed against you. You can file police complaint for the threatening messages if any send by them
- 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 take her consent for mutual divorce , otherwise you can file a divorce case on the ground of separation and above grounds.
- Further, if you are interested to live with her then file a petition for restitution of conjugal rights to direct her to live with you.
- You cannot approach lok adalat without filing a case before the family Court.
Your best option is go for divorce on mutual consent under Section 10A of Christian Divorce Act and get out to it. Any other legal adventure may land you in trouble as law is in favour of wife.
Dear Sir,
First of all, you are suggested to be mentally and emotionally strong and face the things boldly. As per your input, all the acts done by her and her family/relatives are clear case of cruelty and you are sure to succeed. You are suggested to document/keep records of each verbal/telephone commication/coversation/call, etc. Also, don't diclose the details of these recordings, etc. until it is very necessary and use it at apporpriate time Don't hesitate to file the police complaint, court complaint against her, her family and relatives who are black mailing and threatening you.
If your marriage isn't working out, which looks like the case here, both of your get separated and opt for mutual divorce. It seems that at the present time your wife is also ready for separation and as such it is the opportune time for you, before she changes her mind and the unnecessary harassment starts.
Dear Sir,
1.You Cannot Be Compelled to Visit Vizag
No one can compel you legally to visit Vizag for a family settlement. Any discussion regarding settlement can and should take place in a neutral location, considering that both of you are employed in Bangalore.
- Police Threats
Your wife's relatives cannot use the police to make you separate or meet at Vizag. Police will only act if there is a valid criminal complaint (like domestic violence or dowry harassment). If you are visited or called by the police, be cooperative but do not sign any statement under duress. You can ask that any investigation be done in Bangalore, where both of you stay for work.
- Alternatives to Separation
In case both want to separate, you can go for:
Mutual Consent Divorce: It is the quickest and least confrontational option. Both have to agree, and you can file in Bangalore Family Court as both are employed there.
Lok Adalat: It is a forum for alternative dispute resolution where both can settle things amicably, such as terms of separation, maintenance, and property. This too can be achieved in Bangalore.
- If She Gives a Police Case
If your wife gives a complaint (e.g., Section 498A IPC for cruelty or domestic violence), you will be summoned for inquiry. See a local lawyer at once. Don't take police notices lightly. You have the right to apply for anticipatory bail if you are in fear of arrest.
5. Maintenance and Financial Implications
As your wife is earning (SBI employee, ₹40,000/month), her claim for maintenance will be restricted. But if she can establish that she requires more for her way of life, the court may direct some maintenance, but it will be reasonable given her own earnings and your responsibilities.
6. Your Mother's Rights
As a single parent child, you are legally and ethically bound to take care of your mother. Indian law does not compel a husband to abandon his dependent parent unless there is established cruelty or harassment to the wife.
- Settlement Discussions
Demand that any settlement or mediation be held in Bangalore, preferably in the Family Court or with a formal mediator. Never agree to anything under threat or coercion.
8. Documentation
Maintain a record of all correspondence (messages, emails, call records) and incidents, as these can be helpful if the issue has to go to court.
Immediate Action
Don't panic or respond to threats.
Get professional advice from a local family lawyer in Bangalore for individualized legal approach.
Reply to any communication from the police through your attorney.
If you want to salvage the marriage, take professional marriage counseling or mediation, but only if both are agreeable.
In case of unavoidable separation, elaborate on consent divorce or settlement in the Lok Adalat in Bangalore
