Cruelty to husband

@Sriram

Your case does fall under cruelty not only because your wife is disrespectful to your parents but also she left your matrimonial home without just cause and also because she is depriving you of your offspring.

However, mediation may be a good option. Try it with help of court for your case as otherwise I feel under the pressure of her family she wont talk to you. Also you can tell the court in your petition that you fear that your wife would take your son without your permission. Even now your son is in her illegal custody as it is not with your consent.

//peace

/Saurabh.V

Thanks a lot Saurabh. There family her parents are not willing to talk to me directly nor her mother is advising her to return back. they have started saying that she has not been treated well at my place and that is why she is staying with her mother and does not knwo the plan when she wud be back. she is depressed at the moment. if you want you can proceed for divorce is what they say.

but my cousin brother (who is a lawyer) says let us not initiate the action first and wait for their course of action. i am worried if she takes my son abroad without my knowledge. is there a way i can stop taking him abroad by filing any case in court of law? please advise

Mr.Sriram,

                       You can file a petition for divorce under the Hindu Marriage Act,1955 seeking divorce of your wife on the grounds of mental cruelty but the custody of your boy cannot be. Mother is entitled to the custody of your boy baby till the age of 5. You can very well claim the custody of your daughter through guardians and wards act by citing the future of your daughter and the incapability of your wife to keep the custody of your daughter. 

we tried calling her for a 1-1 talk through which we (husband and wife) can come to a conclusion on whatever may be the difference of opinion. she is insisting to talk to her brother in law instead of talking to me directly. i refused as it is something which needs to be sorted out between me and her b4 any other family member can creep in. she is not willing now. moreover she is staying in her sister's husband's house some 10 - 12 kms from my house and planning to attend office from there. my son is still with her and i have not seen him for the past 1 month nor do not know what she is going to do.

my uncle is asking me to remain silent and advises me to file a case under desertion by end of Jan or Feb mid in case no response from them comes in between? what should i do now? is that the procedure?