Wife cruel and in laws harassing. What action should i take?
11-Mar-2023 (In Divorce Law)
Married in february 2014 and my wife was cruel to me. Currently, she is working in some other city. We requested in laws to meet to discuss the matter but they denied. Later in laws asked us we denied to met them. Later in laws gave a complaint in panchayat. In laws gave the threats of filing 498A in court against my family and me. What can i do in such a situation
Assuming you are hindus,
We suggest you to visit a marriage counselor as the situation you are facing can be amicably resolved with discussion with your wife.
If you are not wiling to divorce, then the legal remedy with you is that you can file a case under section 9 of the Hindu Marriage act that deals with restitution of conjugal rights.
Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:
Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Now regarding the threats from your in laws,
you should file a complaint to the nearest police station regarding the threat from the in laws and you should gather information relating to those threats and keep them with you to prove in future that they were threatening you.
Also, if you don't wish to continue your marriage you can file for divorce under section 13 of the Hindu Marriage Act
Grounds for Divorce under the Hindu Marriage Act, 1955 are as follows:
Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation.
And according to your situation your divorce case would come under section 13(1)(ia) of the Hindu marriage act.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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