×

quesWife is blackmailing and abusive. How to protect myself and children?

I have been married for 24 years and my wife has always been immature and lazy with household work. On complaining, she abuses me like anything. Not only this, she keeps on blackmailing me as well.



 



We live in a rented apartment and fighting everyday annoys the landlord as well. I am afraid that if my wife does something reckless we would lose this house. We have 2 children.



 



How can I protect myself and my children against this?



 

  • ans

     

    Legally you cannot do anything apart from giving a Divorce to your wife.

     

    We suggest that you should see a marriage counselor to settle the dispute or else the other option available to you will be to file a petition for divorce on the ground of cruelty in the competent court.

     

    Under Section 13(1)(ia) of the Hindu Marriage Act, the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

     


    “Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

     

    Thereby, the behavior and the abusive language of your wife can come under the ambit of Cruelty as a ground for Divorce.

     

     

  • 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 Family 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 book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Family lawyers in India

Similar questions

A guy elder to me by 7 years, I was seeing him for 5 years…
I am having issues with my family who refuse to take my responsibility as I…
I am a Hindu. I have been married for several years and I have children.…
Sir/Mam, plzzz help me, my friend is in trouble. My friend got married in about…

Family Lawyers in India

Advocate Nagesh B L

  Nagarathpete
 Experience: 23 years


Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years


Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years


Advocate Ayantika Mondal

  Gandhinagar
 Experience: 8 years


View all >>