Mental torture by wife
R.KANNAN
(Querist) 11 September 2012
This query is : Resolved
Dear friends, i need your kind legal advise for the problem which am undergoing due to my wife. Given below the brief facts happened in my life. Name - R.Kannan Married - 2000 -Chennai Presently at Bangalore ( after official transfer) A son was born in 2002. Wife had a habit of frequently going to her parents place at Chennai by way of intitiating some arguments over very silly issues , then complaining to her parents , creating a scene, asking them to come ( without any knowledge to me ) and take her. Since i am from a very decent family , in order to save our married life , i along with our family elders had to go to their house every time convincing her and her parents explaining the need of living together , and also keeping in mind the welfare of our son. The last time , she left me - 2007 without any valid reason willingly left me alone inspite of myself requesting and almost begging her not to leave her matrimonial house just like that. This time myself and all our family members are frustrated . nut still i tried my level best to make her understand and realise , but failed. Initially i was waiting for her to realise her mistake on her own and hence dd not make any move to go and bring her. I thought atleast a gap in time will cool and make her understand the mistake what she did and she will come back. But that did not happen and after waiting for a year , i tried various ways to make her return , by way of letters / mails / through her sister / my cousin sister/ and then i myself went along with one of my brother and sister in law , talked to her , But she was not in a frame of mind to understand and she told that if i shift to chennai she will come and stay with me , then i explained that since i am working for a private organisation, i cannot get the transfer where i want , but still attended interviews in couple of companies in chennai in order to shift to chennai as per her request. Even she told that she will get a job and wanted my resume and i sent her my resume and still waiting. Then she and her mother told me to leave the job and come to chennai and try , only then i will get a job and even if it is less salary it was ok for them. But i did not agree for this and i told clearly that i get atleast the same salary as i what i get in bangaloree, then i will shift , but i assured them that i keep trying to get a job at chennai and till that time let her return to bangalore. But they rejected and started talking rude and her mother went on to stay that if at all i wanted my wife and my son, i had to come to chennai , come whatever it may. This shocked me and i was very much depressed by this attitude. But still i was going to her house once in a month and try to explain her my difficulties of coming to chennai immediately. But i only got back rude behaviour and harsh words , both from my wife and her mother. i digested all these only for the sake of saving the marriage and also for the welfare of my only son. Then i started going to her house atleast to spend some time with my son and do watever is needed to him. I wanted to take care of his need as a father so that he will not lose my love and affection to him. But my wife and her mother did not like me coming to her house and spend time with my son. They started treating me in a very very indifferent and rude manner and talking in a very harsh manner insulting me in front of their neighbours. But i withstood all these embarrasment and torture and continued going there once in a month to meet my son. They thought that unless they do something they cannot stop me coming to see my son. My wife did not allow me to see my son as she wanted to create hatred and negative image about me as she knew that all her allegations are false. Once when i went to see my son , My wife locked herself along with my son in a room and kept me outside their house thereby preventing me to enter the house.Meanwhile her mother brought a police to prevent me going inside their house. That time i went along with one of my brother and her mother told me in front of the police that they had filed a case in the court and already they had a order from the court that i cannot go to their house. The police stopped both of us and asked us to leave the place as they had already filed a case and hence to fight it in court. Then myself and my brother went ot the local police station and complained that my wife had on her own came to her parents house and staying here for years , and now preventing me from seeing my son. The police brought them to the station and they reveled the fact that they had filed a divorce case against me in the court. They filed a false case for divorce against me - 2010 under cruelty which i came to know after long time only after the above instance. I also found that purposely they had sent to a wrong address in order to get a ex parte judgement when i immediately along with a lawyer voluntarily went to the court and got the notice myself. After 3 years of leaving our house , my wife had filed a false case for divorce under cruelty in order to prevent me from going to their house to see my son. I am attending the court regularly to fight her false allegation and wanted the court to dismiss her petition. Since for the past 3 years my son is being brainwashed and poisoned in such a way that he is hesitant to come to me in front of them. In their absense, he is free and attached to me. He still loves me if he is not in the sight of his mother. To say the truth i am the actual victim of her mental cruelty to me , harassing me and abusing me in front of her parents and my family elders and neighbours. After i filed a petition for child visitation, the court has given an interim order for visitation right to me, but not even a single time she had brought the child to the court. i am being put in to lot of hardship and mental agony of not able to see my son and spend some moments with him as a father. The family court allowed visitation, but not even once they showed my son and also they had already poisoned him in such a way that he is not talking to me freely ..he is the same son who was more and more attached to me before my wife took him and left me in the dark 5 years back.Now evertime i had to come to chennai for the hearings and alternate sundays but without meeting my son. 1. Is there any time limit to file contempt case if the visitation orders are not being obeyed continuously, now it is almost 10 months since the order Due to her continuous disobey to the court order , after a long wait the court had dismissed her petition for divorce. In the meanwhile again she had filed a new case under CRPC 125 for maintanence, as i am always for living together, and since she had gone by herself and tortured me all these 6 years , i cannot give any maintanence to her, but i am always willing to do everything for my son. I wanted her to realise her mistake and return back so that we can forget all the things for the welfare of our family. I am always there to take care of her and my son if she lives with me as a family and not treat me as an machine to loot money from me with the help of the law. If she is very adamant and not allow me to spend time with my son , can i get the permanent custody of my son as i am ready to take care of his future myself. i wanted him to get the love and affection of both the parents , but the way she is behaving, i think of having the custody of the child..Please advise as i fear about my son's future is under threat if he lives with my wife. The thought about my son's future and my wife's attitude towards life makes me more and more uncomfortable on the passing of every day, am unable to sleep properly, am disturbed a lot. Kindly help and advise Regards R.Kannan
ajay sethi
(Expert) 11 September 2012
be brief and to the point . it is doubtful that you will get child custody however you will get visitation rights . if wife is not following court orders and permitting you to vist your child you can haul your wife for violation of court orders
