Kindy help
HK
(Querist) 06 April 2024
This query is : Resolved
My wife does not want to give birth to the child at the age of 38 just because I am into business, not job. Not only that, she does not want to come along with me to chandigarh (me and my parents are planning to settle down in chandigarh. instead, she wants to live alone in 1bhk flat in Delhi only to carry on her job. Furthermore, she does not give respect to my parents and me. She is too much egoistic and never ever contribute financially. I want baby in my life and want her to give respect to me and my parents. What should I do now. Whenever I try to request her to move with us to chandigarh she gets frustrated and call her parents who give threats to me that she is epileptic so do not do this and that with her as she would take tension which could trigger problem. I am in depression what should I do now I do not want to leave my parents and my hometown chandigarh.
T. Kalaiselvan, Advocate
(Expert) 06 April 2024
The contents mentioned by you clearly indicate her acts of cruelty in the matrimonial life.
Refusing for cohabitation without any valid reason is also an act of cruelty.
Insulting the parents and abusing them, posing threats for false criminal cases also comes under the acts of cruelty.
Marriage is that type of community that is both a comprehensive unity (a unity on all levels of the human person, including the bodily-sexual) and a community that would be fulfilled by procreating and rearing children together
If she is not willing for procreation especially when there is no physical defect or impotency on either side, then this act can be described as abjection and non cooperation for begetting children, which again will fall under the acts of mental cruelty.
If the situation is stretching to a level beyond tolerance then you may decide to part with her relationship legally by filing a petition to dissolve yor marriage by a decree of divorce on the grounds of cruelty.
HK
(Querist) 06 April 2024
Thank you so much. sir
P. Venu
(Expert) 08 April 2024
Certainly, the things are in a mess. This is primarily because both you and your wife are trying to face the challenges of married life with preconceived notions than with an open mind. In otherwards, both are evading their responsibilities. Once, you sum up the courage to assume responsibilities, much of the issues would resolve themselves and also, unresolvable issues could be identified and solutions attempted.
T. Kalaiselvan, Advocate
(Expert) 10 April 2024
If the prevailing circumstances are not conducive to happiness and a feeling of well-being and if it is apprehended that this will not be proper or harmful if continued then you have all the rights to decide what is beneficial to you.
You can decide about judicial separation too either by filing a judicial separation petition or a divorce petition
Sudhir Kumar, Advocate
(Expert) 10 April 2024
