What to do my wife harasses me and my child

974 votes

Dear Sir,
You can file a divorce petition on the basis of cruelty under section 13(i)(a) of Hindu Marriage Acts, 1955 in the district court of your concerned jurisdiction. As per the custody of your son you can also file custody petition after filing the divorce one. It would be imminent to share the provision of law of guardianship, that as your son is 9 years of old, you are his natural guardian as per section 6 of the Hindu minority and guardianship Act, 1956 and getting custody would be much more easier if you can establish and prove all the facts regarding the cruelty of your wife against you and your son. You can also file one complaint in regard with beating up your child in the concerned police station of that area.

Advocate Neha Rai LawRato

845 votes

You need to start recording the threats given by her father. If you haven't recorded till now, you have to speak to him again and make sure that the says things that can be used in your favour and will help you to file a case against him. Assuming his father and brother are involved in criminal trials of such serious offences, try to talk talk it out with your wife and settle the matter mutually. You can seek divorce on ground of mutual consent. If that doesn't happens at all, then file a case against her and her father. Till then keep collecting evidences of threats from your wife and her father.
Once you have strong evidence against them, it will help you file a case which will be strong enough to make them settle eventually.

LawRato LawRato

560 votes

Very sorry to hear about it. First and foremost, you need to decide whether or not you wish to resume your marital relationship with your estranged wife.

If you wish to, then firstly you should file for restitution of conjugal rights.

If you do not., then you can file a petition for judicial seperation and/or divorce.

Advocate Mikhil Sharda LawRato

926 votes

Hi, you need to immediately inform the police and register an FIR against the threats being received.
Further, you may move a Petition seeking Divorce from your wife. You may further move a petition for custody of your child. For more information feel free to have a word with me.

Advocate Sahej Uban LawRato

958 votes

First of all you start writing each and every incident about your married life with complete details, especially the physical and verbal abuse by your wife towards your son and you. Also collect information about the criminal record of his parental family. Contact us for preparing a proper legal complaint to be lodged by you in police station for your safety and safety of your child. After that you have option of filing for divorce or judicial separation . it is advisable to you to take proper legal help by meeting us in person.

Advocate Brijinder Khurana LawRato