Sriram.R (Employee) 23 December 2010

Cruelty to husband

I married a divorcee with a 11 year old daughter. it has been 1.6 yrs since we are married. we a boy (of my blood) who is 11 months old.

1. my wife is an habitual offender and not satisfied by whatever i do to her. tries to find fault on each and every act of mine. i love her like anything but she is more sincere towards her parents, sister and brother who had been supporting her for the past 12 years of her divorced life (first marriage)

2. Her mother, brother and sister interfeas in lot of our family decisions which i did not like and started bouncing back on my wife.

3. she has become an habitual offender due to this and not willing to stay with my age old parents too.

4. she has gone out of my house 5 times till now and retunrs whenever she thinks of (after 15 - 20 days)

5. this time again she has left my house and staying with her parents along with my kid. in the past 11 months i did not get any chance to spend even continously 2 months being with my son.

6. Now we are trying to bring her back with a mediator who is my cousing brother (a lawyer too) but she is not coming back and not letting us know her plan too. my brother is very passive and do not want to move legally at this stage

7. she plans to move abroad to her sister's place along with my son withut my knowledge.

8. she had lot of times threatened me of suiciding by sending SMS. but i do not have those now. will i be able to get the same from service provider through legal notice?

how should i stop this. my son's 1 yr b'day is nearing and seems she wont come back. Please suggest what should i do? can i file a case in the grounds of cruelty to husband?

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4 Replies

Saurabh..V (Law Consultant) 23 December 2010

@Sriram

Your case does fall under cruelty not only because your wife is disrespectful to your parents but also she left your matrimonial home without just cause and also because she is depriving you of your offspring.

However, mediation may be a good option. Try it with help of court for your case as otherwise I feel under the pressure of her family she wont talk to you. Also you can tell the court in your petition that you fear that your wife would take your son without your permission. Even now your son is in her illegal custody as it is not with your consent.

//peace

/Saurabh.V

Sriram.R (Employee) 24 December 2010

Thanks a lot Saurabh. There family her parents are not willing to talk to me directly nor her mother is advising her to return back. they have started saying that she has not been treated well at my place and that is why she is staying with her mother and does not knwo the plan when she wud be back. she is depressed at the moment. if you want you can proceed for divorce is what they say.

but my cousin brother (who is a lawyer) says let us not initiate the action first and wait for their course of action. i am worried if she takes my son abroad without my knowledge. is there a way i can stop taking him abroad by filing any case in court of law? please advise

B.N.Rajamohamed (advocate / commissioner of oaths) 25 December 2010

Mr.Sriram,

You can file a petition for divorce under the Hindu Marriage Act,1955 seeking divorce of your wife on the grounds of mental cruelty but the custody of your boy cannot be. Mother is entitled to the custody of your boy baby till the age of 5. You can very well claim the custody of your daughter through guardians and wards act by citing the future of your daughter and the incapability of your wife to keep the custody of your daughter.

Sriram.R (Employee) 29 December 2010

we tried calling her for a 1-1 talk through which we (husband and wife) can come to a conclusion on whatever may be the difference of opinion. she is insisting to talk to her brother in law instead of talking to me directly. i refused as it is something which needs to be sorted out between me and her b4 any other family member can creep in. she is not willing now. moreover she is staying in her sister's husband's house some 10 - 12 kms from my house and planning to attend office from there. my son is still with her and i have not seen him for the past 1 month nor do not know what she is going to do.

my uncle is asking me to remain silent and advises me to file a case under desertion by end of Jan or Feb mid in case no response from them comes in between? what should i do now? is that the procedure?