Family problem

Originally posted by : abcdefghij
	i am nt interested in divorce bt if he files for divorce what will be my stand in such situation

 

I you are interested in divorce then file divorce. If he files divorce, then you file no-objection. 

He won't be able to file for divorce without any reasonable grounds.

To make it clear, the grounds for divorce are cruelty or adultery (which aren't applicable to you,) or desertion (which, again doesn't apply in your case as the defendant (party against whom a suit has been filed) should have deserted the spouse for a period of at least 2 years.)

Check complete grounds.

Don’t force spouse to stay away from parents.

It can be valid ground for divorce.

Both may crease the differences and save the marriage for sake of both and child.

Or settle the terms for separation and separate by mutual consent.

Originally posted by : Kumar Doab
	Don’t force spouse to stay away from parents. It can be valid ground for divorce.

 

It would not be so necessarily.

 

In your case, even if your husband files for restitution of conjugal rights, which is for want of a court decree compelling you to cohabit with him, (and the non-compliance of which would provide ones husband with the choice to obtain divorce after the lapse of one year,) in fact, such petition filed by him will fail as you have 'reasonable excuse for withdrawing from the society,' that is living with your parents instead, your husband being guilty of cruelty (insulting you in front of your MIL, etc.)

Both spouses can examine the evidence of charges that each want to lay on each other.

Considering everything, even if a situation occurs where the two of you are divorced/forced to be separated, remember what section 6(a) of the Hindu Minority and Guardianship Act lays down:

"The natural guardians of a person are: In the case of a boy or an unmarried girl, the father, and after him, the mother. However, the custody of a minor under the age of 5 years is to be ordinarily with the mother."

Please note, the paramount consideration which governs the court's decision as to the custody of the child is the child's welfare and not the rights of the parents. The court will consider all the facts and circumstances of your case before awarding the child's custody.

The welfare of child is of paramount importance.

Courts  consider and decide by it.

Wife Separating Man From Parents is a Ground For Divorce: Supreme Court

 

Please browse the internet for judgement in this regards (HC/SC ) however pasting below news on the subject

https://www.ndtv.com/india-news/wife-separating-man-from-parents-ground-for-divorce-supreme-court-1471647

When ur son grows grows up he will face the same situation and please note at that time you will have no body to look after you when you grow old (unless u get remarried) . I understand ur facing issues with your imother-in-law but they can be sorted out by going for marriage counselling / take help of elders and find out best solution. Give some time and please analyse the situation from all angles before taking legal steps/poilce.

Both you and husband are responsible for bringing the child in this world, do not take hasty decisions and spoil his life !!

Your problem is very common which is prevailing nowdays in every family where modern wife does not ready to bear. Marriage is the union of two s*xes but also of two families. You can not change your mother in law at this stage of her age. Try to understand her. I am not justifying the behavious of your mother in law or your husband but after reading your issue I feel that there is no issue between you and ur husband. I feel that you both require the help of a marriage counseller. So far your query is concerned it is to inform that till the age of 5 year mother is the natural guardian and thereafter father is the natural guardian. I suggest that think twice before opting for divorce. Try to make your husband undersatnd the situation and your feelings also but you also understand his problem who can not oppose his mother but also does not want to loose you. He is finding it difficult to make balance between the two. Give a thought to all circumstance and then take decision. Remember that your decision will adversely effect the upbringing of you child who require the love of both parents. In case need consult with details.

If you want to save marriage go and take help of marriage counselor. It will save your children future also. By your threads it clearly appears that your MIL has not accepted you from first day or you are not choice of your MIL. Mostly in these cases MIL feel insecure after her son marriage. She thought daughter in law will take her son away forever. That's only reason she will spoil her own son marriage. So if you can try then do something that can make her confident that you will not take her son away.

Mr. Born Fighter is right.