Divorce
Rajneesh Sharma
(Querist) 04 February 2013
This query is : Resolved
Dear Members,
I would like to tell that I am a government employee 32years/male living seprately from my parents in NCR and had been married 3.5 years back with a well educated and professional girl but not working now.She belongs to a powerful family background with history of violence and their contacts with bad and nonsocial people.I had a 2.5 years daughter too.I am fulfilling my all responsibilities.I had never demand any dowry too.I never smoke,never drink and dont have any extra-marrital affair.But from the day of my marriage I had been continuously torchered mentally from my in-laws family members to show me their power and misbehaved many times to such a depth I can not explain.they also make pressure on my family members, I dont know why?I always worried about security of my family members.My wife is immature and do not understand the importance of relation between husband and wife.She left me alone many times and live with her parents for long period.In these three years she live alternately six months with me and six month at her home.she also not give respect to my family members and misbehaved in abusive language with them, while they are not staying with us and met monthly for 2-4 days only when i go to home on vacation.I am worrying about future of my daughter.My wife and her parents always try to get her job in their city so that she remains there for ever.I had consoled my wife many times for a better family,I had killed my self respect many times for a better future of my daughter.I am very much tired of interference of my in-laws in my family.I had lost three years of my life in tolerating their misbehaviour.I always scared of my in-laws.Now I would like to take divorce finally.Can I apply for divorce on the ground of mental herassment?Will I get my daughter back?Can I apply for security of my family members?
Khaleel Ahmed Mohammed
(Expert) 04 February 2013
You are advised to file a police complaint against all. Police will arrange counselling,put your all problems and try to resolve peacefully. If matter not settled you may file petition for divorce on different valid grounds through your local lawyer.
Adv.R.P.Chugh
(Expert) 04 February 2013
Dear Mr.Sharma,
You can file a divorce case on the grounds of cruelty. All these incidents give you a strong basis. AS regards the custody of the child – normally the tilt of the court is to give such a young child to mother, however this is not a no hard and fast rule – children less than 5 have been won by fathers – the most important consideration is welfare of the child.
If you apprehend a false dowry complaint – this would be a good time to send protective intimations at the same time ensuring that police don’t initiate a formal investigation, so as not to kick the hornet’s nest.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
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Devajyoti Barman
(Expert) 05 February 2013
You can indeed file suit for divorce,
However since you you wish to have your wife back then filing suit for restitution of conjugal rights.
In either of the cases you will be allowed to visit the child quite often but honestly speaking getting the custody of the child back is almost impossible unless you could prove that safety or security of the child is at stake with her mother..
