Akshat 24 May 2016

To visit during my baby's birth

Dear Members,

I have a question regarding a certain situation. Me and my wife have been married for 3 years. But ever since she came to our home, she was abusive, used to quarrel with everyone and kept on insisting that I should leave everyone to go and live with her otherwise she would call the cops on me. Her parents also suported her knowing that I was right in every situation. Anyways long story short she did call the police on me and went to go live with her parents without my consent. She was pregnant for 2 months at that time.

I was tired of her threats of dowry, 498a and several other false claims so I contacted a lawyer who suggested me to file for the divorce. I care for my baby but I thought that doesn't mean I should live with a monster who can file any moment false cases, so I did file for the divorce. It has been 6 months me and my living separately in different cities. They got to know about the divorce and now she and her family are saying that she would behave and will not quarrel or be abusive. My wife is also asking me to be their during the delivery which is in almost 3 weeks. of course I will not buy their lying words but the problem is I too want to be their during the birth of my child. I asked my lawyer and he said if I go there at the time of delivery then during the hearing she might say that we stayed together and that will weaken my case. I would stay in the hotel, of course not at their place. My wife and in-laws are sloppy, moody people with anger issues and I am afraid they might mess up the things during the delivery so I just want to make sure that the kid is born safe.

Should I go to the hometown of my wife, stay in a hotel and be present for 3-4 days in the hospital during the delivery or would that create any problem, given that I have filed the case ? Is there any way out in this situation ? Thanks!

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2 Replies

(Guest)

You can as well go, stay outside in hotel, and keep visiting your wife until she delivers the baby.

When she will deliver that doctor cant tell, so you have to stay 4-5 days in hotel.

To be on safer side, you inform jurisdiction police station that you are going to meet your wife and in-laws in the hospital. Just in case if they create some scene and complain to police that you did some public nuisance and gallataa.

These kind of people are not classy people, always threatening to file some case, trying to control you by legally in way of threats of complaints.

Its good that you have filed divorce. Dont withdraw it, and dont listen to your lawyer, your lawyer is misguiding you. If you listen to him, you will not have good relations towards the new-born in future too.

Let the case keep going on.

If your wife will behave properly with you and your in-laws will stop interfering in your family life, nothing like it, but if it continues, anyways you have filed divorce case, let it run, in case you get divorce, take it, continue living with your wife and kid as live-in relation. Like that there will be one less headache of them not threatening you to file complaints against you.

The moment you become weak and withdraw divorce case, they will file all sorts of cases on you, and your parents and entire family, please keep this in mind.

Deal with your wife and in-laws in a very tactful manner.

Counselling in your case is not useful for your wife.

Once the baby is born, hopefully there will be good changes in your wife. Just adopt a wait and watch approach for now.

Do as I have advised you.

T. Kalaiselvan, Advocate (Advocate) 28 May 2016

In my opinion since you have filed the divorce case as well as you have no intention to withdraw the same anytime even ion the future and would like to dissolve the marriage at any cost and quit the married life, how do you think that this situation. i.e., the delivery of the child will in any way help you or that the situation will not hamper your divorce case proceedings?

Better decide once for all and dont attend the delivery session at place either staying in hotel or elsewhere. Concentrate in your case otherwise withdraw the case with the leave of court to file a fresh one at a later stage, this will enable you to avoid plenty of problems.