• Guidance

Me and my wife had a love marriage in 2006 as per Hindu rituals and we have two kids a girl 7 and a boy 4. We are living separately from my parents in my own flat purchased and maintained by me since 2010.
Due to my wifes quarrelsome and short tempered nature we are staying separately from my parents to avoid tension and disputes, as she cannot adjust with my parents or sibling.
Even though we are leaving separate from my family, there is no change in my wife's nature. She humiliate and manipulate me every time. 
Now she is threatening to divorce me along with huge alimony and my flat, she is forcing me to leave my own house and when I refuse to fulfill her this demands, my wife threatened to commit suicide and file all false cases against me so all blame will be put on me and my family. She always try to provoke me by abusing my family, my sister for no reasons and always involve them and start fights and try to create distance between me and my kids and threaten my daughter to speak whatever she tell her to.
Her parent and relative along with her brother came to my place at my house in July and threaten me and my family. My wife has already taken all the gold ornaments mine and given it to her mother along with marriage certificate and all photo albums of before and after marriage and has also bad mouth about me to neighbors in my housing society.

Requesting you pls suggest.

Thank you,
Asked 1 month ago in Family Law from Pune, Maharashtra
Religion: Hindu
You have to decide what you want. The conduct of your wife amounts to mental cruelty which is a ground on which you may file for dissolution of marriage. Record the conduct of your wife so that you have insurmountable evidence to prove her cruelty.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1) install  CCTV cameras in living room of  house 

2) record her abuses 

3) file for divorce on grounds of mental cruelty

4) wife abusing  husband and his family members amounts to mental cruelty

5) wife badmouthing you to society members amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
MOU entered into with wife can be relied upon in court in your divorce petition 

2) you can file declaratory suit that you are absolute owner of flat as bought out of your own funds 

3) seek joint custody of children . court may not award you sole custody 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. Such agreement even though on stamp paper has no legal validity.
2. However, such document can be produced in family court as evidence of cruelty against you by wife and you may file a divorce petition on this ground under sec 13 of HMA. 
3.If your flat is in joint name, your wife is a co-owner of the said flat. 
4. As the kids are 7 yrs & 4 yrs respectively,the family court may not grant you custody of children. However,you will have visitation right. 
Sushil Jha
Advocate, Patna
161 Answers
0 Consultations
5.0 on 5.0
1. You shall have to decide as to what do you want from this matrimonial relationship of yours.

2. If you think that you can not pull any further with her as a married couple then file a divorce suit against her on the ground of cruelty since she will not sign the MCD petition without your writing your flat in her name.

3. Before filing the said divorce suit, audio/video tape all her conversations wherein she is forcing or admits to have forced you to leave your old and ailing parents and also the abusive conversations against you and your family members including your parents.and the threats to commit suicide if you do not succumb to her illegal pressure.

4. After that lodge a police complaint against her said cruel acts and also black mail to grab your property.

5. if police fails to take any action, file a Writ Petition against police for its inaction seeking relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
1. Even oral agreement, if can be proved, is valid.

2. It appears that it is not a bad idea to stay from each other for 6 months and even after that you do not feel like continuing, you can terminate the relationship by filing a MCD petition which will be decided with in 6 & 1/2 months.

3. You have already made her co-owner of the said flat. You shall have to file a declaratory suit against her praying for a declaration that the flat actually has been purchased by you and she has not paid a dime for its purchase and a direction upon the Registrar to cancel her name as the co-owner.

4. Mother is considered as natural guardian for her child up to his/her 5 years of age. So, you will not get the custody of your son till he crosses 5 years of age. Custody of female child is also given to mother for obvious reason. However, you can file a child custody case with evidence to substantiate that you should have custody of  your both the child for their welfare.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
Her parent and relative along with her brother came to my place at my house in July and threaten me and my family. My wife has already taken all the gold ornaments mine and given it to her mother along with marriage certificate and all photo albums of before and after marriage and has also bad mouth about me to neighbors in my housing society.

If your wife is creating continuous problem and always a quarrelsome person who will not give respect to you or to your parents and is of the nature of nagging, then you can decide about continuing the relationship if you dont find any solution to the continuous problems. 
The weapon women use is suicide and other forms of threat by misusing the women biased laws. 
You should understand that they are not entitled to claim your property but she may claim maintenance for which she has to prove your income with substantial evidences.
If you apprehend any fear from her side or he parents side, you may lodge a complaint agaisnt them for criminal intimidation and threats endangering your life or limbs. 
Consult a local advocate and proceed on his further advise.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1) Is stamp paper considered as valid document in court

No, it is not considered as a valid agreement since it is not registered and matrimonial agreements have no legal value before court when it is reported to have been violated. 




2) Can use this for my advantage for filling divorce 

If it can be used for corroborating your pleading as evidence, you may. 



3) My flat i have put her name but she did not may a penny i am paying all EMI's

It belongs to her since she is the title holder to the property.




4) Child custody as i want to keep both by childrens

You can apply for it under guardians and wards act through court. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1) voice recordings are admissible in evidence 

2) her confession letter wherein she admits her mistakes would also help you in making our a case 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
The evidences in your possession to prove your pleadings should support your stand and the circumstances.  
You can go ahead with the help of the evidences in your possession and let the court decide about its admissibility during trial proceedings. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. Yes, you can use the said evidence you have in your disposal in support of your allegation of cruelty to be leveled against your wife while filing the divorce suit against her.

2. However, I shall suggest you to explore the possibility of  settling the matter with your wife in the interest of your daughter keeping in mind that divorce is the 2nd most stressful event in one's life.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
1) if you file declaratory suit and  wife retaliates by filing false complaints of dowry harassment you should obtain Anticipatory bail from sessions court 

2) let your parents stay separate only 

3) you can every month transfer funds to parents account if they are dependent on you 

4) court will consider said fact while determining maintenance payable by you 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. You should now lodge a police complaint against your wife alleging that she is threatening you to lodge/file false complaint/case against you u/s798A of IPC and also DV case.

2. After lodging the above complaint, you can file the said declaratory suit and/or divorce suit.

3. The above police complaint will insulate you to some extent against the police complaint to be lodged by your wife in future, if any.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
You should not be afraid of her threats.
Let she go to any extent, she cannot prevail upon you with her illegal acts always.
She has to struggle to maintain her illegal status to harm you which cannot be possible for ever i the given situation.
You can proceed with appropriate suit on the advise of your local advocate which may be fit as per the prevailing situation.  
Whether you file divorce case or not she cannot be prevented from lodging false criminal complaints against you or your family members but you can prevent arrest by taking AB immediately and challenge her case in the court to nullify it based on the merits in your side. 
Bringing parents to your house is yor decision you do not have to ask her for that.
Do not invest in the name o kid to show your reduced income or increase in your liability which may not be considered by court, you can remain normal, let she prove your income in the maintenance claim.. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1. These pics and confession will be of limited help to you as your wife will say this was trick photography.

2. You are free to file a suit for declaration of your title if you have evidence to prove that sale consideration was paid by you, but you must understand that the title deed can be registered even in favour of the person who did not pay the sale consideration. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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