Harassment by wife to me & my family
Its 4.5 years of our marriage, we had a daughter (age will be 2 yrs in this aug). all things going smooth except small fights (which are common) till 1.5-2 years.
after that many issues come and parents and other family members involved, for some time life becomes normal. But after my child born (after 3 months) its again changed to fighting ring.
She is not ready to come at my home with our child. She come here for a week only. After that she gone to her home and not returning. Even when I go there she told me that do not come here at my home (in front of all her family members including her uncles). I don’t need you. You have no money, you are bhikhari, how could you thought to have family though you don’t have proper house (we have 2 BHK. Living with parents), not enough income to fulfilled the needs of us etc.. etc.…
I returned home after that I had never go to her home.
Before some months all her family come to my home to drop her with our daughter. As its marriage function of her 3 brother-sisters. At the time restrictions are continue for all of us (my family) to play with my daughter (1.2 yr at that time). Even I need to take permission of her if I want to go out with my daughter or need to give some food or toys to her.
After the marriage functions are over she drop my daughter at her parents’ home and told us that she will remain there and I will stay here. (she started job after that)
Now they are not ready to give my daughter to us nor we can go there (due to insulting). She is harassing us by n numbers of ways (like talking with neighbors that we tried to fire her, we are not giving food to her, not giving money for her requirement etc). In latest she broke a new LED TV of mine in anger.
It seems she is not ready to adjust in any way and I am thinking to have divorce.
I know many of things are not clear in the above details but if it is there it will be essay and not easy to read.
Asked 10 months ago in Family Law from Ahmedabad, Gujarat
The conduct of your spouse amounts to mental cruelty which is one of the grounds on which you may apply to the competent court for dissolution of marriage. She will be issued summons to contest the case in her defence. You will have to prove your allegations.
1) file for custody of your daughter
2) wife cannot insist that child will remain with maternal grandparents
3) recurs her abuses
4) file for divorce on grounds of mental cruelty
5) wife who malings reputation of husband and his family is guilty of mental cruelty
First of all try to settled the matter amicably if not possible then file a divorce case immediately before family court based on cruelty under section 13(1)(ia) of Hindu marriage act 1955 if both of you are HINDU.
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Advocate, New Delhi
First thing which is clear from your contention is that she is not at all compatible and shall never be happy with you.
She appears to suffer from complex due which she is reluctant to understand the family life and adjust and life.
Since you cannot continue with the frustrations and humiliated life, better plan to part with her permanently by dissolving the marriage by a decree of divorce, let she realise what a husband is meant to a woman in her life.
Consult an advocate and file a contested divorce case on the grounds of mental cruelty and desertion.