Harassment by wife

This query is : Resolved 
 

(Querist)
11 June 2018

I have a kid and my wife is working for past 10yrs and we are married for 10yrs. She has been harassing me assaulting me for years now, tells me law is on woman side and will put a case of 498a on me and my relatives. I am losing my patience. We don't stay together for 3-4yrs but I shuttle every weekend to meet and spend time with my kid. If I ask for divorce she asks for so much money and monthly maintenance that I can't afford. So what should I do any legal guidance offered is deeply appreciated.
Can I file a divorce will this be a tool for her to file 498a, I have a house on my name and she too in that case will I still have to pay monthly maintenance, how can I take custody of my kid.


Ms.Usha Kapoor (Expert)
12 June 2018

If she agrees filer for Mutual consent divorce.Since she is earning you need to pay less maintenance and Alimony.After the kid completes 5 years in age you can file for custody of thee child. Till then you have visitation rights.


Mutual divorce may not be feasible in your case, as per your discussion. You may issue notice for divorce and file a case for contested divorce in the court. If she is a working wife (employed), you need not be afraid of demand for money. Maintenance is permissible only to the unemployed wife.


Mutual divorce may not be feasible in your case, as per your discussion. You may issue notice for divorce and file a case for contested divorce in the court. If she is a working wife (employed), you need not be afraid of demand for money. Maintenance is permissible only to the unemployed wife.


Mutual divorce may not be feasible in your case, as per your discussion. You may issue notice for divorce and file a case for contested divorce in the court. If she is a working wife (employed), you need not be afraid of demand for money. Maintenance is permissible only to the unemployed wife.

Vijay Raj Mahajan (Expert)
12 June 2018

Tough going for you. You have to have reasonable grounds to show and prove with sufficient evidence act of cruelty committed by your wife for getting divorce.
Irretrievably broken down marriage is no ground for divorce although your marriage is broken down.
Mere threats of filling section 498a IPC complaint against you will not be sufficient for getting divorce, there has to be complaint made and decided by the competent court that the complaint was false and frivolous than only it becomes ground for divorce.
You may file for divorce on the present situation and alternatively seek for decree judicial separation.
Custody of minor children of tender ages is usually given or allowed to mother with right to visit to father.
Maintenance for children is responsibility of both parents to share.
Working wife not allowed maintenance if she has sufficient income for her maintenance.

Ms.Usha Kapoor (Expert)
12 June 2018

She is only earning only Rs.10000. That's why I said less maintenance and Alimony. In these High inflation days Rs.10000 is nothing.

Ms.Usha Kapoor (Expert)
12 June 2018

I stick to my view as above


Very funny idea of the expert due to her brain working under the influence of insomnia, if she can smell the monthly earnings of Rs. 10000/- of the wife of the querist, when not mentioned anywhere in the query or his wife having not clarified any such point as against the query!

Ms.Usha Kapoor (Expert)
12 June 2018

Still original sharpness is there some40%.I('m reasonably doing well,. Dhingra Ji. Don't take potshots at me.


Who compels you to make potshots?

Ms.Usha Kapoor (Expert)
12 June 2018

I stick to my view. as above.

Ms.Usha Kapoor (Expert)
13 June 2018

I stick to my above view.

Dr J C Vashista (Expert)
13 June 2018

Being a tough situation it would be better to consult a local prudent lawyer to file a suit for divorce without succumbing to the threats of slapping various case(s) which would rather surface after filing your divorce petition.
Monthly maintenance and alimony depends upon various factors and not so easy to put you in an awkward position, however, you should be mentally prepared to pay the cost of divorce.
Custody of the child also differs from fact to fact, which may or may not be granted. However, if permanent custody is declined (as father) you are entitled and shall be allowed visitation, which may be about 1/2 the time of the chlid with you. You will have to file another case of custody of the minor.

Ms.Usha Kapoor (Expert)
13 June 2018

I stick to my above view.


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!


Purpose of THREE TIMES sticking to one's misleading advice is not understood, when mutual divorce is not possible due to demand of huge amount by wife!

Mohan (Querist)
14 June 2018

My sincere thanks to Usha Madam, Dingra & Vijay Sir

Ms.Usha Kapoor (Expert)
14 June 2018

I stick to my above view.

Ms.Usha Kapoor (Expert)
14 June 2018

I stick to my above view.



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