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Cruelty by wife

(Querist) 30 April 2017 This query is : Resolved 
Wife went with girl child 5 yrs old to her uncle's house where her mother lives. I called her to enquire about the health of child, I could hear her mother instructing her not to say anything. I scolded her and her mother for that, and switched off the phone for 1 day. She did not come to our house after 4 days as she had told earlier. No phone call from her. child often catches cold that results in life threatening wheezing and pneumonia. I could not call her or go to her uncle's house because she and her mother insult me there. It is 15 days since the incident. I am deprived of seeing the child. She and her mother beat the child often. What can I do?
Dr J C Vashista (Expert) 01 May 2017
Instead of posting such query to seek legal advise, you should have opted to visit them personally, find out the problem and settle the misunderstanding.

If you feel strong about non-visitation to them, do not want to reconcile and sort out problem amicably you may file a case for custody of the child and another case for restitution of your conjugal rights through a local prudent lawyer.
Guest (Expert) 01 May 2017
Have not you tried to contact her uncle to get her views on the issue? If not, any reason for that?

samuel (Querist) 01 May 2017
Sir I thank you for your interest in my query. I didn't contact her uncle because, her uncle and relatives are biased and no use in talking to them. She always chooses to satisfy the desires of her mother and relatives in every matter, never consulting anything with me. Can I file any complaint in the police station for child custody?
Guest (Expert) 01 May 2017
Expressing your anger would only provoke the Issues.Better be Polite and Soft in your conversation with your wife to avoid further complications.Try to sort out the issue with the help of Family Elders of both the Sides Or common elders like your Church People.Better try to Unite with her in a Peaceful manner atleast for the sake of your Child.Legally the Child's Custody will be only given to the Mother and at the most you could claim only Visiting Rights at your wife's residence or at a Common Place by approaching the Court which is better to avoid.
Guest (Expert) 01 May 2017
Mr. Samuel,

Sometimes, presumptions without any effort to smoothen the things spoil the case much more than perceived. Sometimes, wife is not cruel, but she remains under pressure from her loved ones to do something undesirable.

So, it may perhaps be better for you if you try to contact your wife's uncle and clear his doubts, even if he has been tutored or provoked against you by the mother of your wife.

I remember, in one case a person was threatened of dire consequences to be met from the hands of some relative. The person without losing any time went straight to that person and in a very polite manner discussed the issue and frankly stated that he has been threatened in his name for dire consequences, and so he had visited him for doing any harm, if liked by him. The said relative, instead of doing any harm assured of all help to settle the dispute between the husband and wife and after that the couple have been enjoying life for the last several years without any misunderstanding between themselves.
Kumar Doab (Expert) 01 May 2017
“never consulting anything with me.”


True: Husband and wife should BOTH discuss and decide together, without ego.


Kumar Doab (Expert) 01 May 2017
In your post you have shown that: You love the child and care for child.

Try to crease the differences.


This shall help to save the marriage and future of child as well.
Kumar Doab (Expert) 01 May 2017
You are at liberty to see the child outside your home also.
Rajendra K Goyal (Expert) 03 May 2017
Try to have amicable settlement with the help of relatives.

Try to save the marriage.

Any step taken by you in order / with intention to teach her a lesson may put you in trouble and would spoil the situation.
Guest (Expert) 03 May 2017
Agreed with Mr.RK Goyal
Kumar Doab (Expert) 04 May 2017
Possibility of retaliation by wife should be considered by you.

Refusal to allow meeting daughter may be a signal.

It is your family and future.


Instead of delaying due to ego issues both parties should meet ASAP and crease the differences.
samuel (Querist) 06 May 2017
Sir I thank you all for the suggestions. I prefer not to go and plead with her to come and live with me against her wish. Her mother left her husband even before she was born for no reason. She brain washed her. If she wants even today she can come I never told her to leave. As suggested by expert DR. J.C Vashista, I may seek restitution of conjugal rights or divorce after waiting for some more days.
Guest (Expert) 06 May 2017
Wait & watch her attitude and after some time try to get divorce. That will be the remedy of your problem.



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