Harassed by wife, how can I be free from this?
I am a blind person, got maried in Jan 2016. My wife is also having 50% disability. After the one month of my marriage, she starting harase me and my mother saying no one including my mother and married sisters should even enter in this house. I asked the reason and she says these people may interrupt in our privacy but I don't agree to this laugic. the house is in my mother name and I cannot leave her and cannot live without her. Secondly my sisters are married but they some time require to come here at our home to take care of us and my mother. some time my wife locks the room and goes to office due to this I and my mother do not get the access to go inside the room for our work. She was agree for a mutual divorce and she also approached a lawyer for the same and I have this E-mail with me on which she asked a lawyer for mutual divorce. Some time back she unnecessarily raised a fals complain to her parents and she returned back to her parents house saying that she does not want to live with me and she will now not come. But after a few days, she starting saying that now she wants to live with me but I am afraid, she can behave same in the future with me as she had disturbed me a lot after one month of marriage. She also demands a servant and says that I cannot take the responsibility at home for everything. she also warns me that she will leave her job and I have to bear all the expensis. Whenever I ask her to perform some household activity, she says that because I am a girl, it does not mean that I do everything at home. My old mother is also not taken care and helped by her. she also says that if you are a blind person, I am also 50% disabled. She also defaming my family and me by calling here and there within her cercle and by this way, she is disclosing all our private matters. Currently she is living at her parents and willing to come to my house and she is asking me to go to her house to bring her here at my home back but she went on her own.
Some time she and her mother say that we have not given them enough gifts and money in the marriage. I am surprised to know here even girls are asking for money and things, is this not a kind of doury?
pls advice me how can I divorce her and do I need to give her expansis? if yes, for how long and how much, is there any ground on which she cannot clame any expense?
Also I would like to know because our law is pro woman, so on any situation, only woman gets favour from law or mens also get some releif if they are right.
Asked in Family Law from Delhi, Delhi
1) file for divorce on grounds of mental cruelty
2) your wife will claim maintenance
3) you have not mentioned what is your income , whether wife is working or not
4)working wife is not entitled to maintenance
5)if house is standing in name of mother your wife has no rights on the said house
6) your mother can move court and seek stay restraining your wife from disturbing her peaceful possession of the house
If you have decided to dissolve the marriage on the grounds of cruelty, you may consult a lawyer and proceed.
Let she come with a maintenance application and prove the sources of your income for seeking it.
You may challenge it.
However, if you want to give another chance to save your marriage, have patience and decide after analysing the past incidences as well as other factors.
My wife is also working but she is in private sector and I am in government sector. My salary is around 35 K per month and her salary is around 20 K per month. what may happen if she leaves her job intentionally during divorce? She is having around 50% disability but she is having certificate of 100% disability. Does this not prove her fake nature or habits in front of law? She is still at her parents house, how safe I am this time when she is not here since more than a month time. Should we already lauge a complain and talk to women cells people in behalf of my mother? I doubt if she comes at my home again, she can create problem for us. she does not want anyone to come our house but I cannot live like this as human is also a social animal. due to her atitute, my social life and family life may be spoiled. I am in peace this time and how can I avoid her to come back to the home now.
Asked 10 months ago
1) wife who has worked in past is not entitled to maintenance
2) gather evidence of her employment
3) let your mother file suit and obtain injunction restraining daughter in law from disturbing her possession of the house
4) if wife has obtained fake certificate of nature of her disability you can rely upon same to show that she is a fraudster
1. Since the conduct of your spouse amounts to mental cruelty you are free to apply for dissolution of marriage on this ground, which she may contest. Start recording her cruel acts before you go to court.
2. As she is earning and self sufficient you may contest her maintenance claim on merits. A working and earning wife does not qualify to get maintenance from her husband.
3. Apply for and obtain anticipatory bail as and when she files criminal complaints against you.
You are worried about the maintenance to be given to her.
Please note that there are various judgments that employed women are not eligible for seeking maintenance.
If she resigns her job and sits idle at home for the sake of maintenance then also she cannot seek maintenance. There are various judgments on this also.
If she cannot be trusted then dont bother about her return to your home, you can very well proceed with a divorce case against her on the grounds of mental and physical cruelty.
Let she come with police complaints too, you can take anticipatory bail and challenge her false cases properly in the trial court.
The situation is advantageous to you since you have proofs of all her fraudulent acts including cheating government with 100% disability while she is just 50% disabled.
I doubt if she comes at my home again, she can create problem for us. she does not want anyone to come our house but I cannot live like this as human is also a social animal. due to her atitute, my social life and family life may be spoiled. I am in peace this time and how can I avoid her to come back to the home now.
You cannot avoid her entry to your house until she is legally wedded wife. However if the house is in mother's name, she can file an injunction petition restraining her entry into her house but for that you may have to live separately because your wife has a right to residence in her matrimonial home and wherever you live shall be her matrimonial home.