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Ritwik (IT)     12 November 2015

Do you experts think this will go against me legally?

Married in the year 2009, marital disharmony begin soon after. Having a 
three and half year old son, residing in a house where my parents live 
in a separate floor (completely separate accomodation). Wife does not 
take part in any social occasions with me, does not discuss anything about my 
child with me (she does it with her parents), abstains from physical relationship and last but not least
often goes to her parental home along with my son without even informing me when 
she is going to return, let alone taking my consent. Her parents have already threatened me and my family to put me and my family behind bars if we do not comply with the their daughter's whims. I am trying me best to save the marriage 
since we have a child. But now, things have gone much beyond tolerance. Under this scenario, 
if I start living seprately in a separate bedroom and start cooking for myself, without shying away any financial resposnsiblties towards wife and children do you experts think
that may go against me legally?



Learning

 25 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2015

Author, finally try to convince your wife and her parents in an amicable way to live with you and if they do not care your words, tell them it is better to separate legally by approaching court of law.


(Guest)

If everything proper, then only marriage.  You staying in one room managing yourself,  she in anoteher, your inlaws acting like rowdies,  Yours looks like bayalaata.  Better take MCD, hand over the kid to her ie not opt for custody of kid etc, pay one time alimony and marry someone else.  No use saving marriage in your case.  The more you try to save it the more you will get in to problems.

advocatepassy@gmail.com 971794 (Advocate)     12 November 2015

Mr Gyan Prakash is right.  No need to yield too much and get rid of her.  You will have more children to love from your next wife.  You cannot save this marriage 

Manoj Ahuja (Project Manager)     13 November 2015

Step 1: Install Cctv in your home.. Capture all that she does.. Step 2: Go with above suggestions.. This marriage is unsuccessful..

Nitin (marketting manager)     13 November 2015

Go with Manoj suggestion, better be safe than sorry later

have all the conversations recorded, better buy some spying devices which are available online,see below

For Example :: A pen recorded with video and audio,

https://www.amazon.in/gp/product/B00S4LG3VM/ref=s9_wsim_gw_p23_d21_i2?pf_rd_m=A1VBAL9TL5WCBF&pf_rd_s=desktop-1&pf_rd_r=0051T6TB9SPX00TVQG57&pf_rd_t=36701&pf_rd_p=749389187&pf_rd_i=desktop

 

with the help of devices keep collecting data and present it to a lawyer and to their parents and then start discussing about the seperation,

if you directly start your discussion for seperation you can expect hell of Women Biased cases against you and your family and your whole life will be ruined, gather sufficient proof's

without proof's if you start discussing seperation, her parents will run to police station that you have made their daughter'slife hell and file domestic violance,498A etc etc cases on you.

gather sufficient data and then only move forward.

Nitin

Anil Upadhyay (Lawyer)     13 November 2015

You should create evidence to put your side before Court, whenever you approach the Court. Your wife and her family seems not interested in maintaining relation with you and relations cannot be survived in such a way. Learned Legal experts had given right advise, that you should proceed for legal separation.

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 November 2015

From your narration it appears that you and your parents are innocent persons who did nothing wrong at anytime. Your wife and your in-laws are entirely wrong in all respects and though it may harm them also they want to break the marriage probably deriving maximum benefit during the process by methods such as 498A, DV Act etc. They may derive monetary benefit, and also will have the sadistic satisfaction of having 'punished you.' But in the final analysis they will be losers and of course you will also be a loser.

It appears to me that all, except perhaps Mr. Satyanarayana, believe your story as 100% true. Thus all of them advise eventual divorce. But your story appears to me too good to be true. Please do some self-introspection and search the attitudes and behaviours of you and your parents and report here even if some minor wrong things were done by you. If you go alone to a marriage counsellor and narrate your story as above, he or she will not be satisfied. He or she will ask you questions trying to get a true picture. If there is problem in a marriage one should first go to an expert marriage counsellor and things are exhausted then only go to a lawyer. You may go to a lawyer before, only if you anticipate threats of gender biassed laws.

Have you exchanged any letters between you and your wife or between you and your in-laws?  If so can you attach those letters, in particular, those which you received?  There will be no smoke without a fire.

SAINATH DEVALLA (LEGAL CONSULTANT)     13 November 2015

I differ with all the above replies as UR problem is not fit for a separation.Don't make a mockery of UR marital life when it can be set right with proper mediation and counselling.Orelse both of U will not only ruin UR lives but also the life of UR child.Try to repair UR marital life immediately.Giving advices to get seperated is very easy,but think about the time and money U have to shell down running after courts.

Ritwik (IT)     13 November 2015

I thank all of you for your valuable suggestions. @SAINATH DEVALLA, I understand that in a marital separation, I also loose. And I already have gone to marriage counsellor. Thrice. First and third time she refused to take part. She was there on the second occasion, but she refused to go with suggestions given by expert. Moreover, the counsellor wanted to talk to parents of both sides. My parents were present but her parents deliberately refused. We had a common kitchen before we went to the counsellor but after his suggestions I created a separate provision for her. @Dr. MPS RAMANI, I understand and acknowledge the point you raised. I and my parents want to introspect and that is why we went to marriage counsellor. We also tried to discuss the issue with her parents but in vein. If accepting all the whims of her is called  "wrong doing" from my part, I don't buy that. If even after two years of her stopped talking to my parents I paid respect to her parents and then only rejected any sort of communication with her parents is "wrong doing" from my part, I again beg to differ. If they are not in a state of mind to meet and fix issues with a neutral marriage counsellor, I am eager to know from you what shall I do to introspect and rectify my wrongs, if any. Please understand that I am not at all trying to counter you, rather would like to receive suggestions from you. 

As far as my understanding goes, when a confict takes place (in any context), if parties want to solve it, they need to stop alleging and start trying that the other party shall not get any opportunity to allege now onwards. I am ready to do that, but she and her parents are definitely not thinking, let alone working on that note.

SAINATH DEVALLA (LEGAL CONSULTANT)     14 November 2015

Dear Querist,

Had U mentioned all the facts that U came out later in UR reply I would not have taken time to respond regarding counselling and mediation.The other members who have replied have given U the most valuable suggestions and solutions and better sail with them.

Ritwik (IT)     14 November 2015

Many of the experts rightly suggested to collect evidences. For most of the things which can be referred as cruelty (e.g. she abused me if fornt of elders and family members), I can produce family members, friends and neighbours as witness. Would it meet the purpose?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 November 2015

Even if you want divorce and your wife refuses to stay with you, you file for restoration of conjugal rights. Her replies to the court will expose her. Mr. T.G.K. Reddy I am not Madam and I am not taking the woman's side. I look at cases without bias. Previously the person had not disclosed that he had consulted marriage counsellors. The refusal of wife and her parents to meet marriage counsellor will also help him. If he wants any help from here it is not enough that he tells the truth. He should tell the whole truth.

Ritwik (IT)     16 November 2015

@SAINATH DEALLA, I am thinking of following options - 

1. Wait for another one and half year till my son becomes five. Legal separation then will give me more chancess of either custody and if not then atleast more proximity to my son. Please don't think that I am thinking about fighting for child custody just because of ego; my son's health is compromised heavily during his stay for almost a year in his maternal home without my consent. He had to be admitted to hospital six times during that period. I just want ot make sure that I must be very much in loop about his health and education. His well being is my priority.

2. I may open thalks with her about MCD failing which I may file Divorce (cruelty and desertion) immediately.

3. I may let everything go and expect anything which a husband expects from his wife and let it go like the present scenario. That way I will be able to avoid legal complications, and my son will be with me. But this comes with the price of compromising my marital as well personal life.

SAINATH DEVALLA (LEGAL CONSULTANT)     16 November 2015

WISH U GOODLUCK FOR A BETTER FUTURE.


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