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Shubham Shaw   06 September 2018

divorce

my parents are old age 60plus nd they don't live with us just because of my wife's inhuman activities. cruelty on me n my parents they live separately in a 100sq. ft room.Father is a heart patient..
now I have decided that I will separate ND will file a divorce case.. But wife said she won't give me divorce intact she will deliberately move to my parents place if NY order to stay separate is declared from the court.. moreover her dad is among those who is very fond of violence ND this is the biggest matter of pride for her daughter.. What should I do?


Learning

 4 Replies

Vijay Raj Mahajan (Advocate)     06 September 2018

Your wife and her father are both fools. If the wife not happy to live with you and your parents. Or if she misbehave with your parents while living with them, in both cases it is best to separate from each other. If not divorce, than at least judicial separation can be the solution to keep peace between both parties. Her father's interference in the matrimonial home is most unwelcome step and should be avoided by all.

Shubham Shaw   06 September 2018

sir now it's enough I don't want to be with her...she always threats me of putting me n my parents behind bars under several criminal laws.. guide me how to overcome

Kumar Doab (FIN)     07 September 2018

Instead of getting carried over by emotions take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, and your own very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Family/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..e.g; the evidences that you have,  etc  

There are such very able counsels at each location.

Check for such counsels at LOCAL Family/civil courts, HC, SC…

The elders and counsel can help and try to crease the differences and save the marriage and thus save from litigation and consequences of litigation.

Litigation can be stressful for many, and expensive.

 

It is futile to run to the courts empty handed (without evidences and merits).

A counsel worth his/her salt shall not advise the client to run to the courts empty handed.

Gather irrefutable evidence of cruelty by spouse for use at appropriate time in appropriate forum, if the need be.

Kumar Doab (FIN)     07 September 2018

The father of spouse could have acted sensibly and put some sense into the head of his daughter. His being violent does harm to him and his daughter only and may not cause much harm to relatives/in laws of his daughter.

There are many threads on similar query that you can search thru SEARCH option at LCI under threads, articles, files etc …

e.g; Article under my profile;

“Son can divorce wife if she tries to separate him from aged parents”

 

“Spouse leveling false accusations against the other spouse is a ground for divorce”

“Spouse of employee in marital dispute can get copy of ‘Dowry Declaration signed by employee”

“Court can Grant Divorce even if the facts of the case do not provide a ground for the same

“Trial Court should Consider Responsibility of Husband towards Aged Parents also while deciding Maintenance for Wife!”

“6 months Cooling, Waiting Period for Divorce under Hindu Law is Not Mandatory!”

“SC: Judicial process cannot be converted into an instrument of oppression or harassment!”

 

 

 

 


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