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devotedfather (xx)     09 June 2011

How does the law see cruelty by wife?

I have been married for about 6 years now, have a son 31/2 years who has just started going to school, have a posh flat (with bank loan), car, good job with good growth - and yet I have been suffering in my marriage from day 1...

I can write, may be pages elaborating what all had happened - that is not important here...My wife is 'cruel' and I love my son are the two facts of my life. Have been trying hard to continue but it is getting difficult/almost impossible..it's a mental hell which I enjoy only with my son. .

Can the law make her realize and amend? I dont want my son to suffer - which he will in case  I try aggression or assault to make her realize or I seek divorce or I just decide to say quits to all.



Learning

 6 Replies

Saurabh..V (Law Consultant)     09 June 2011

@devotedfather

 

What you have narrated is the remaining story which goes untold/unheard by this world. When a man approaches the police to file complaint of cruelity/harrassment/misconduct/torture, he is made an object of mockery. However when a woman approaches, the man is totalled.

 

Anyways. If you feel, you want relief, then you shoudl first start gathering evidence with which you can prove that your wife is harrassing you. Your pleas may be impeccable, yet they need to be proved before the court/police. So gather enough evidence in the form of voice recordings, videos, letters, sms etc. Then prepare yourself for the hardest part and drag her to the family court for mediation and couselling. State before the judge that you want to live peaceful life and want your son to be protected.

 

All the best!

 

//peace

/Saurabh.V

1 Like

Arup (UNEMPLOYED)     09 June 2011

file a petition - rcr, if you do not want divorce.

restitution of conjugal rights

devotedfather (xx)     09 June 2011

@arun, rcr is not required as I'm mentally tough enough (so far) to continue staying though continually suffering- what fault my son has done to deprive him the care & love which I can give? My wife takes advantage of this and tortures me more. You seem to be learned and commented on many posts, theoretically & legally....while the law protects women when the husband asks for divorce (alimony), can it protect husband (?) when the husband does not ask for divorce even when the wife is wrong? can you cite a case (for my help) where a wife is told by courts to make amends otherwise a divorcve decree shall be issued and that too without any alimony and child custody?

Arup (UNEMPLOYED)     09 June 2011

mr devoted father,

i feel your pain.

same case with another member, mr zeeshan.

wife side getting advantage by law of the land. that is the painfull reality.

 

ok, i sall check.

BHARATI MITRA (ES)     09 June 2011

Mr. Arup your reply shall help one of my family friend also who has the same story but even worse as he has been cornered by his wife, daughtet and in-laws at the fag end of life - he is almost 50+.  He has performed all his duties - as a husband, a father, and moresoever a son-in-law.  we know it only and only for money - please help these MEN

Advocate M.Bhadra   09 June 2011

It is very difficult to execute the order of Restitution Of Conjugal Right,You should better to file a Divorce Suit.


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