Wife harassing me. Can i get divorce and custody of children?

My wife has been harassing me since I bought a few properties in her name as well. She always insults me and finds ways to provoke me so that once I hit her, she can file a complaint against me. She has already complained to the Police twice as her brother is in the Police. Last night she went to the extent of locking up herself and did not allow me in the home. We have 2 sons aged 6 and 8 years.

How can I get a divorce from her and how can I get the custody of my children? My wife is not working and keeps demanding money to buy random things.

Answers (1)

466 votes

Firstly, we would like to suggest you that do not hit your wife or give her reasons to file a police complaint against you. 

Secondly, to safeguard yourself, try to collect evidence to prove that the allegations being made against you are false and you are been provoked by uncalled, unparliamentary language used by your wife. These may be in the form of recordings, SMS etc. Any material that can prove that you did not harass her or did not subject her to domestic violence could be held as vital proof.

Thereafter, intimate the Police that you suspect that your wife shall initiate false cases against you.

You can also file a complaint against your wife’s brother for the offense of criminal intimidation and threat and misuse of his official position. 

Your wife harassing you by means of not allowing you in house or locking herself is subjected to mental cruelty. You can file a petition for divorce under Section 13 (1) (ia) on the grounds of cruelty. Cruelty has been interpreted by the Hon'ble Supreme Court to include both physical as well as mental cruelty. The acts of your husband enumerated by you clearly come within the ambit of mental cruelty. Thus, a Divorce can be sought on this ground.

You shall also need to file a petition for the custody of the children if you wish to retain the same. The Hindu Minority and Guardianship Act states that the ‘natural guardian of a Hindu minor, in respect of the minor’s person as well as in respect of the minor’s property …. in the case of a boy or unmarried girl is the father, and after him, the mother, provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother. 

We suggest that you should engage an Advocate and file the petition for Divorce and for the custody of your children.

About the properties you bought in her name can be settled with her as all the payments to purchase that properties has been made by you and you can tell the court that she got registered these in her name by threatening you to do so.

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