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hariharann   03 April 2015

Filing a divorce case against my wife under cruelty

Dear Lawyers,  My marriage happened on 2-6-2010 in chennai. During my marriage my wife's mother passed away and her father ignored her so she was under the custody of her illegal maternal guardians. We are blessed with a baby boy on 25-4-2012, after that she started ignoring me and behaving cruely & started living seperately.  Last year when i asked her to come and live with me, My wife and her illegal guardians created a drama and her guardian filed a police complaint, mentioning that i tried to kidnap my kid and tried to murder them in the local police station and my wife filed a false DV & Dowry complaint in women's police station,  They enquired and found the complaint doesn't have any grounds and advised my wife to live with me seperately and the local police station inspector asked me to give a written statement mentioning that I'll not go to their house again to visit my wife and kid. Based on that we started living seperately from june 2014, she got conceived and left the matrimonial house on july 2014 without my knowledge and started living with her illegal guardians again. There is no proper response from her and she denied showing my kid also and started giving mental torture. 

Finally she didn't even informed me about the delivery and got admitted in the hospital mentioning my address without my notice and then after enquiring in hospital i went to the delivery and we were blessed with a baby girl on 17-2- 2015. She got discharged without my notice and went to her illegal guardians house again. she threatened me that if i force her to come with me she'll file a police complaint under dowry and dv again.  I tried contacting her but no response.  So i filed a divorce case against her under the grounds of CRUELTY. The first hearing will be on apr 15.

 

Since they filed a false complaint on me and my family last year can this be considered as a ground of cruelty?  She doesn't behave normally all she wants is only money from me. 

 

Kindly Respond.

 

Thanks,

Shakti



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     03 April 2015

Hariharann,

why did U post another similar  query, U should have mentioned these contents in UR earlier query about UR wife changing the name of UR daughter


(Guest)

Yes.  She is behind your money.  GIve her lumpsum money and then ask for divorce.  She give divorce and yo be  free man again.  No point in continuing in bad marriage.

hariharann   15 April 2015

Dear All, Today I had the first councelling, My wife came and she told to councellor that she wants to live together with me and she is not intersted in divorce,  However her body language and the way she started are not good and she didn't even had any eye contact with me.  so i told that i am afraid to live with her as she might file a police case again after a week.  I asked the councellor to ask my wife to show the kid, she denied it right away by mentioning that she can't show. 

The councellor asked to come for the next councelling with parents in June, she asked to delay that further.  My kid's birthday is on apr25th,  Is there any way to see my kid legally?  Kindly provide your inputs. Can I file IA case in Lok adalat for seeing my kid?,  since court is on leave in may so filing IA for child visit in court may take long time and case will come only in June :(.

Thanks in advance!!!


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