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Nagraj Nitesh   16 August 2018

Wife wants to live separately without my mom.

hi,
my wife wants me to leave my mom and live as a separate family ..but I can't leave my mom...
Shall I apply for divorce without asking my wife?


Learning

 21 Replies

Kanishk Khullar   16 August 2018

you can apply for divorce on the grounds of cruelty:
The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce...

Kanishk Khullar   16 August 2018

you can apply for divorce on the grounds of cruelty:
The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce...

Aks   18 August 2018

Firstly, you should try to understand why your dear wife wants to separate you from mom ? Is your Mom causing problem between two of you ? 

Before jumping to Divorce hill, you need to undersatnd your wife's feelings and reasons and have a heart to heart talk with her.

If she feels you are still loving to her...she might chnage her mind and would accept Mom with open arms.  Sometimes, Wife may feel neglected by husband and that is why she wants to separate husband from Mom.....She probably needs more attention and love for herself. Think from all angles.

1 Like

Naa Channel Naa Istam   18 August 2018

asks good moral advice

Nagraj Nitesh   18 August 2018

I loved my wife a lot . .my mom is so good to her and she cares my wife more than me...My wife doesn't need anyone between her and me and I can't leave my mom ...Mom did a lot for my life ...it's my duty to take care of her till my last breath ..Now I hate my wife for this cruality....if I apply for divorce she will cook some story and she may not agree for divorce but you guys don't know how cruel my wife is ...she troubles my mom(an old lady)..

Sudhir Kumar, Advocate (Advocate)     19 August 2018

soon some will advise you to file RCR if she leave you.

 

do not commit this error ever.

 

RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse.  This way husband leaves her with no choice but to spoil his family even if she does not want to do so.

 

This forum is full of such cases where husband with  parents/siblings faced such criminal charges. 

 


(Guest)

Above advice given by Sudhir is misleading.

You cannot divorce parents.  You can divorce wife.  If you have thought about divorce, then file RCR.  wait for RCR case to finish.  Once that is over file for divorce after 2 years.  Court will grant divorce.

Nagraj Nitesh   20 August 2018

I agree with Smartin...Stop supporting bad girls...Sudhir...these days wife is more dangerous...I have read many articles and it's clearly proven that wife's are torturing husband mentally and harassing them and their family. I clearly told that she is troubling my family then how can you even say don't commit the error?
As Smartin suggested I will file for RCR and then I will file for divorce
1 Like

Nagraj Nitesh   20 August 2018

Also...after filling divorce if she says in court like...that she didn't do anything as such then how should I proceed ahead? please suggest..

Nagraj Nitesh   20 August 2018

small correction in the above comment it's after filling RCR

Sudhir Kumar, Advocate (Advocate)     20 August 2018

filing of RCR means husband wants to live.

 

This forum is full of such references where people approached this forum after wife was provoked to file false (may be true) cases of 498a.  when RCR notice is sent she is left with no choice but to defend her being seperate so this is easy tool for them.

do not lead the gun to ammunition.

Ashish Gupta   20 August 2018

Dear Nitesh

The best way is go for amicable settlement amonst you and your wife. You have two options - either to take her back i.e file RCR u/s 9 of HMA or take divorce u/s 13 of HMA from her. Indian courts are inclined towards preservation of marriages so they would definitely refer your case to mediation. At that time , you will get a chance to either to reconcile or part away.

Regards

Ashish

1 Like

Sudhir Kumar, Advocate (Advocate)     20 August 2018

Never commit costly mistake of filing RCR.

Nagraj Nitesh   21 August 2018

I understand that I can't file RCR but my worry is if I file divorce if my wife denies divorce and if she continues to torture me and my mom and if she says in court like she wants live with me ...how should I get rid of her? what should be my next step...please suggest.

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