Wife not coming back to her matrimonial home she is underaged

761 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.”

Advocate Aveek Bose LawRato

737 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.

Advocate Bhrigu Datta LawRato