Hello Experts
One of my friend, remarried in Sept 2013 after sad demise of his first wife. He has a daughter of 14 years and old parents. The lady, he got married to, is a teacher in a school and they stay in same city. The lady knew this family for a long time. Before marriage, she wanted to adopt a child as a single mother, expressed her happiness to adopt this child as her own daughter and mutually agreed not to go for any further issue in future.
After the marriage, the lady had an adjustment problem to balance between the working life and family life especially with old in-laws and the step daughter. Started showing displeasure on trivial issues and stopped talking to in-laws and step daughter. The husband and his family tried their best to help her to feel free in the matrimonial home and appointed additional cook before marriage. She has completed masters in literature, and read many novels, hence felt highly educated, getting married means living in cloud and denied to take responsibility of her new family as she is not a “caretaker”. “Bidya Binayam Dadati” but the scenario was absolutely opposite, hurling unpleasant words and shouting became a regular part of her behaviour.
She realised and admitted there is an adjustment problem as she had no idea about the adjustments a woman has to do after coming to new environment and blamed her mother for not teaching her before marriage. She was also convinced by her colleague/s that she should not have married a widower with a child. So she wanted to go for MCD within one month of marriage.
The husband, wife and daughter went for professional counselling but the wife discontinued it after few sittings and left the matrimonial home 4 times. The counsellor had hinted that she has a personality disorder problem.
Each time, she leave the house, either the husband or father-in-law or both went to her parental home to bring her back and every time she was brought back, her temper raise by few degrees. Without giving valid reason, she even asked her husband not to touch her, to prove her dominance or may be to clutch the husband. Later on the husband came to know that it was a blackmailing tactics to allow her to adopt a child.
To have more bonding between the families, the husband took his mother-in-law to holiday tour along with his wife and family but all in vain. It was a tragic situation when husband valued family system and wife believes individual system whereas before marriage she admitted that she believes in family system. Meanwhile, she had taken back all her ornaments received from maternal home during marriage.
In the beginning of December 13, she again asked for mutual divorce since she feels she cannot contribute in this family and will not respect the in-laws as they are ill treating her, whereas maintained the double standard praising the in-laws and husband in the outside world (her colleagues called up the mother-in-law number of times for the cooked food given in her lunch box). When the in-laws asked about what is her problem, she refused to give any proper reply and started shouting at the top of the voice and called her mother and brother to save her as the husband and in-laws have attacked her.
This false allegation and cruelty had affected the mother-in-law, who suffered a cerebral attack followed by paralysis, later shifted to hospital to save her life. She did not leave the matrimonial home as the condition of the mother-in-law was not stable and feared that it will harm her social reputation, but never felt sorry for her this action. She even did not help the ailing mother-in-law once she came back hospital and never bothered to ask about her health, proving the word humanity is not present in her dictionary.
Again in the middle of December 13, the father-in-law was requested to meet her mother to talk about child adoption, which he turned down giving the reason that it’s a matter between the husband and wife to decide and the husband was out of station at that time. No sooner the request was turned down, she again started shouting and abusing the father-in-law and left the home and called up the husband that it is not possible for her to adjust in this family and threated to face the dire consequence and immediate arrest of the old parents. Next day she came along with her brother and taken back all her belongings and later on threatened that they will book the husband and the in-laws under domestic violence act and Rule 498A but not yet filed. The husband contacted a lawyer and filed a general diary in local police station stating that wife is not staying with them from such and such date and taken back all her belongings and ornaments. On request, wife issued a note to husband that she has taken back her belongings and ornaments ending the relationship within 4 months of marriage.
Now please help this victimised husband who already suffered a lot in his life, now suffering from mental anxiety, fear of being arrested, high BP. The daughter is under tremendous pressure and unable to concentrate in her studies due to ill treatment by her step-mother.
1.Can she come back and enter the house forcibly and claim a share in the property?
2.As told by the counsellor regarding personality disorder, how can it be proved in court for annulment of marriage? It was observed that, in between 15-18 days she reacts like this and disturbs the whole family.
3.It was heard from the legal experts, now, if they raise this issue with police, it will not have much impact as the husband poses a written note from wife taking back her ornaments and belongings, is it true in this case?
4.Can the husband file divorce on the basis of mental cruelty? Is there any possibility of alimony as the wife is earning more than 30K per month and there is no child born or adopted from this wedlock?
