My wife behaviour is not tollerable
Deepak sharma
(Querist) 19 October 2014
This query is : Resolved
I got married in the year 2010 and out of the wedlock I have one daughter also. Wedlock was soleminized at bareilly U.P., my main problem is my wife is not behaving well with my mother she usually fight a lot and also she usually insulted me a lot. Nowadays her parents are also supporting her in wrongdoing instead of making her understand that her home is matrimonial home they are saying whenever you feel you come to her father house. My In-laws are very illeterate they insulted me very badly.
we are living in delhi
Girl is from Delhi and I am from bareilly,
Q1)Sir, Can I file divorce case from my hometown bareilly for divorce or I can file from Delhi?
Q2) Also I got some threating call of police and false cases
Q2) can I logged harasment case agaainist them in bareilly u.p.?
I have audio recording of my wife, MIL, FIL bad behaviour they insulted me and my widow mother.
I am in lot of agony and sir
I don't kno w how long this relationship will continue...
I am earning about 70K
how much maintenance, alimony in case of divorce?
Can I have custody of my daughter?
Please help me!!!!
Deepak sharma
(Querist) 19 October 2014
Q4) In case of 498A, DV 125crpc impose on me by inlaws can my employers fire me from the comapany that these cases are running on you? I am working in MNC (private-software comany)
Sudhir Kumar, Advocate
(Expert) 19 October 2014
try amicable solution.
your query is vague. It only describes that her dispute is with mother and not you. You have not described why her behavior is so and what her behavior is.
adv. rajeev ( rajoo )
(Expert) 19 October 2014
You can file the divorce case either at UP or Delhi. If you file on cruelty ground then you will have to prove it.
P. Venu
(Expert) 19 October 2014
The question is, whether her behaviour amounts to cruelty and there is competent evidence to prove the same. It is advisable to get professional advice.
Retaliatory complaints are bound to be false and they could be dealt on merits. However, it is imperative that you should be careful to avoid any wrongful action your part, even out of emotion.
Devajyoti Barman
(Expert) 19 October 2014
1. You can fie divorce delhi for sure but from Bareilly only if both of you last resided in Bareilly together.
2.Yes
Maintenance varies from 1/3 rd to 1/5th of your established income.
Rajendra K Goyal
(Expert) 19 October 2014
Try for amicable solution, You can file divorce case but the same can be transferred to Delhi, on her request through High
court. Once you file divorce case she would proceed to file DV case , case u/s 498A, maintenance etc. You have to take leave from office to attend court in criminal cases. Due to frequent leaves. your employer may fire you.
Sudhir Kumar, Advocate
(Expert) 19 October 2014
given facts do not suggest any actionable wrong on her part.
It only describes that her dispute is with mother and not you.
You have not described why her behavior is so and what her behavior is.
K.K.Ganguly
(Expert) 19 October 2014
1. You can file a divorce petition at Delhi where both of you are staying now, on he ground of cruelty,
2. There is no harasment reported by you based on which you can file case at Bareilly,
3. You will not get custody of your child even if you file child custody case till she is more than 5 years of age,
4. No Company akes action if DV case is filed against its employee.
ajay sethi
(Expert) 19 October 2014
agree with MR Ganguly
Deepak sharma
(Querist) 19 October 2014
Thank you everybody for good advice...
So it means that if I am started living in U.P. (Noida) then I can file case against her (Divorce) in bareilly. OR harasment case against my laws in bareilly.
Is this case will be transferred to delhi on girl request?
Please advice!!
Deepak sharma
(Querist) 19 October 2014
She is from a family where mother is having command of everything (dominant MIL). She fight with me on minor issues and tell every detail of my house to her mother.
My MIL wants to have a devide and rule policy, MIL wants me to live alone with my wife but not with my joint family.
My wife qualification is B.A.
V R SHROFF
(Expert) 19 October 2014
You were advised by me & our LCI expert team before two months as under:
"" You need personal consultation / councilling / in presence of your wife and parents / family members of h& w""
Reply to your Q:
You cannot get custody of your daughter
You may have to pay15-20k mtn p.m. for w/d
In case u file divorce pet in your home town, it will be trf to her residence .
ur job & co is safe. no harm ..
Sudhir Kumar, Advocate
(Expert) 20 October 2014
repeated query. already advised in details, refer
http://www.lawyersclubindia.com/experts/Wife-intolerable-behaviour-491301.asp#.VERs6leO5G0
T. Kalaiselvan, Advocate
(Expert) 20 October 2014
You were very properly advised in your previous thread itself as well as by the experts in this thread too. Your problem is the result of the development of trivial issues, this has remedies and solutions if only one of the side gives in, thus to save the sacred institution of marriage, as well as considering the infant child and its future, you initiate conciliating efforts for resumption of the broken married life, everything is possible when there is a will to do, if this advise is not liked by you, better decide to proceed your own way as you have planned.
