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Mallesh   01 June 2021

Domestic violence

Sir/madam..
I lost my wife and kid 4 yrs ago.
After which, on an online site, I selected a widower women having a 11 yr old son and got register marriage, believing that an village girl/women would be more loving/caring/respecting person. Also I trusted that her son would be an helping hand in my future life......
But all these above have turned opposite.
She does not know cooking....
She is very adamant...
She has more anger which is not controllable....
More over she is bad at maintain at least hygiene....
And about her son....
He does not respect elders...
Very very weak in studies (he is not aware ..who is the president/prime minister of India...
He is not interested in brushing his teeth/ taking bath( once in a week after a long request he does so)
He is not able to lift even a 2kg veg basket..he is very aneamic...
He is not staying with us...instead he is in his grand mothers house..who are also suffering for their daily food and depending on the ration provided by the state govt...
I have advised my wife to get back her her son... But I don't know why she is not ...
Rather she is demanding...car in her name, gold ornaments, newly built house and a monthly income of 50k.
I have the capacity to fulfill my wife's wishes, but I'm afraid how can she maintain by herself being an iiliterate..and more over her son being an illiterate, irresponsible, adamant, and filled with anger, arrogance, disrespectful guy...
Pl guide me...I'm 54 yes now I have lost my parents....I'm alone now
What can I do now pl guide me


 6 Replies

Sankaranarayanan (Advocate)     02 June 2021

Where it occur domestic violence?

Are you married her after all verification?

once you married with your interest then  you need to tolerate certain things.

if the child is a anemic patient then better to visit a doctor and give him treatment and try to change his attitude by way of counseling and other manner..

if she demand the listed things then you better to buy in your name and keep valid proofs.

As whole better to solve the issues by amicable manner will help your peaceful life.

 better to consult a lawyer and seeking advice and act accordingly

Dr J C Vashista (Lawyer)     02 June 2021

Being a married person you will have to maintain her (your wife) morally, socially as well as legally, no alternative.

You should have verified these things before getting married with such a lady.

The most you can do is to move a divorce petition, if you can not cope up with her/ them.

It will be better to consult a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.

1 Like

Kishor Mehta (CEO)     02 June 2021

Make suitable provisions for your wife and son and then opt for a legal divorce.

1 Like

P. Venu (Advocate)     02 June 2021

Yes, legal divorce, by mutual consent or contested, is the only option.

1 Like

Vasundhara Singh (Student)     04 June 2021

Hello, Greetings of the day!  

From the facts stated, it is clear that the marriage is valid as it is registered. Being the husband and father of the kid, it is the responsibility of the man to take care of and maintain his wife and child. One of the options to solve the disagreements within the family is to talk and negotiate the issues and make the wife understand and bring the child under your care so that he can get proper education and care.  

The man is under no liability to fulfil demand made by the wife such as monthly salary, car or jewellery in her name as she is staying with him and he is maintaining her in the best way he could. If there is no solution from the negotiation and the talks and if the man is willing to separate from his wife, he can file for divorce at the family court.  

If the marriage is registered under Hindu Marriage Act, 1955, he can apply for divorce under Section 13 on the grounds of cruelty which is mental cruelty.  

If the marriage is registered under the Special Marriage Act, 1954 he can apply for divorce under Section 27 on the grounds of cruelty.  

Best Regards,    

Vasundhara Singh   

Law Student  

1 Like

T. Kalaiselvan, Advocate (Advocate)     04 June 2021

As a matter of fact your wife's son is not your son if he was not taken in adoption by following legal procedures for taking him in adoption.

Hence there is no liability on you to take care of your wife's child especially in the given situation where he do not respect you nor is adaptable to your family circumstances.

You can provide monthly maintenance amount to your wife because you are, as a legally wedded husband is legally bound to take care of her  especially if she is not having any income to sustain her expenses. 

If it is no more possible or feasible to live with her under duress or under pressure or torturous situation, you can decide about dissolving the marriage with her by filing a contested divorce on the ground of cruelty.

You may analyse pros and cons of all the issues and take a wise decision at right time.

 

1 Like

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