Wife not coming back to her matrimonial home she is underaged

I married on 22nd april 2015 just 300 meter away from my home.my wife recently has given birth of a girl child.she has been living with her parents for 1 years.she is refusing to come back.she & her parents are blackmailing me.They want me to stay seperate from my parents in another place.my mother in law is dengerous & she is all in all of her family.My wife is doing exactly what her mother wants.I tried several times to make her understand.but i failed.i am completely fed up & want divorce.(my wife is underage & her DOB is 5/3/1999.kindly help me.

Answers (2)

250 votes

You may file case against your wife Under section 9 of Hindu marriage Act for obtaining decree . you should consult your local legal adviser . Remember most of the laws against husband to protect wife and often they misuse it.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

245 votes

Wonderful please file a case of restitution of conjugal rights and custody of your child.

Kindly interact with your wife over email so that she writes to you that you should not stay with your parents.

Recently there is a judgement that if wife forces husband to live separately from husband it amounts to cruelty.

LATEST TRENDING Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’: SC [Read Judgment] BY: ASHOK KM OCTOBER 6, 2016 6:59 PM Normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income, the Bench said. The Supreme Court of India in Narendra vs. K.Meena has held that persistent effort of the wife to constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant divorce. The Bench comprising Justice Anil R. Dave and Justice L. Nageswara Rao also held that leveling of absolutely false allegations with regard to extra-marital life and repeated threats to commit suicide would also amount to ‘mental cruelty’. The Supreme Court set aside a High Court judgment which had reversed the Trial court order granting divorce to the husband on ground of cruelty. Repeated threats to commit suicide Observing that repeated threats to commit suicide amounts to cruelty, the Court observed: “No husband would ever be comfortable with or tolerate such an act by his wife and if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled into the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. The mere idea with regard to facing legal consequences would put a husband under tremendous stress. The thought itself is distressing.” Forcing separation from parents With regard to allegations of cruelty in wife forcing husband to get separated from his parents, the Bench observed: “In normal circumstances, a wife is expected to be with the family of the husband after the marriage. She becomes integral to and forms part of the family of the husband and normally without any justifiable strong reason; she would never insist that her husband should get separated from the family and live only with her…. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case, we do not find any justifiable reason, except monetary consideration of the Respondent wife. In our opinion, normally, no husband would tolerate this and no son would like to be separated from his old parents and other family members, who are also dependent upon his income.”

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles