I m married 3 yeras ago,now staying awy from my mom since from 1 year. I have a male kid of 2.5 years. Since from the marriage i never got respect from my wife's family,she created a situation like my mom goin to be mad. That is why i forced to stay seperately. She alwys going to her parents house and never came back on promised day. Even she does not care my words,always doing whatever she wants. Her 4 brothers are like gundas and she warning me always that i should not cross her. Day by day my mother health is seenkink,she staying alone and i m very much worried what to do i m not getting a way. In our country women's law is so strong,with this my wife always blackmailling me. My mother also a woman she sacrifiesed so many things for us,when i lost my father i was just 8 year old and i have two married sisters and a elder brother. Being a big brother i m totally become useless for my family beacause of this woman. Pleasa help me howi can seperate form this bitch and get freed from all tortures.
Asked 2 years ago in Family Law from Bidar, Karnataka
1) you can stay in rented flat near your mother residence
2) you can visit your mother daily if you so desire
3) you can visit marriage counsellor to save your marriage
4) if your wife threatens you record all threats
5) install CCTV cameras in the house
6)file for divorce on grounds of mental cruelty
7) contested divorce cases take 5 years to be disposed of
1. Your problem is more personal than legal as the dispute has not reached in sch stage.
2, It appears there is great understanding problem of your wife with your family members which can still be resolved by mutual negotiation.
3. If negotiation does not work the filing of contested divorce suit remains only option left.
4. However f you file such suit be prepared with 498A case.
1) It is always great balancing act to find the right equilibrium between the mother and the wife.The fact however is that the law gives greater weightage to the rights of a wife over that of the mother for various reasons.In fact more than the law it is the sensibilities and the wife as a new member in the family.
2) In a way your living in an independent house is favourable to you in bringing up your family and creating greater bond in the new family consisting of your wife and the child. You need to succeed in convincing your wife that you need to give time and attention to your mother as well. This can take time but the animosity will give way to greater understanding if you persist and make your wife feel wanted and accepted.
3) You need not be intimidated by your brothers in law. You need to convince your wife to take a stand in your favour and defend you if someone from her family intimidates or treat you disrespectfully.
4) From legal perspective if you wish to separate from your wife you can file for divorce on grounds of mental cruelty. To succeed in getting a decree of divorce from the court you must prove all the instances of cruelty. What can be adverse to your petition is the fact that you have a small child and there have not been major incidents of cruelty.Before you take the final plunge try meeting a marriage counsellor with your wife and seek advice for an amicable settlement of your disputes.
If you want to separate from her then you are free to file for divorce on the ground of cruelty but you need evidence to succeed in the court. Although your solitary statement in the court is sufficient for you to succeed but you may want to record her acts of violence to make your case water tight in the court. She may hit back by filing false criminal cases against you, in which event you should seek pre-arrest bail to preempt your arrest.
Divorce is a choice for men and women equally alike. If you really want to divorce your wife, just send her the legal notice. some time women do amend their ways on receipt of legal notice.
If she is also of the opinion that your marriage is screwed, she will also opt for divorce, which will then enable both of you to opt for Mutual consent divorce and fast track your divorce.
Since you have a boy child, the child is likely to be in custody of mother till the boy reaches 7 years. So you need to plan on whether to ask for Child custody or child visitation.
You need to decide as on one hand your mother and you are suffering and on other hand it looks like you might be having a bad marriage and on account of which you are unable to shower the lover and affection you have for your son.
If you cannot tolerate her tortures anymore nor her behavior is within tolerable limits, you may decide to part ways with her.
You may file a petition for divorce on the grounds of mental cruelty and threats from her her to your life through her brothers and other anti social elements.
Let she lodge a complaint under section 498a, you take anticipatory bail for that and challenge her false case in the court properly by engaging a skilled advocate.
It is always better to decide about a solution to the existing problem than to live with the problem and keep grumbling about it forever.