Legal Question in Family Law in India
Hi,
I was married a year back. My family consists of my mom, myself and my wife. Initial 1 month my wife was behaving fine but slowly she started creating problems in house as a result there used to be lot of tensions in the house. Her father's interference was too much. He used to interfere in everyday matters to the extent that what food should be made in her daughter's matrimonial house. What she should eat and what not My wife used to tell all the female reated stuff(e.g. Bleeding happening, Periods etc) to her father and he is always aware of her mensurational cycle. My mom-in-law is very submissive because of her husband. He wants to control everybody's life. He wanted to know everything that is happening in his daughter's marital home. My mom is old and due to this she was greatly tortured because he makes my old mom the scrapegoat in everything so that he gets an excuse to take his daughter back with him. So much so that my wife used to shout at the top of her voice so that our name gets spoiled in the society and she throws very bad abuces at my old mom oftenly. I was worried as to why she is doing this then I took her to a counsolor who after examining her and her father said that both suffer from severe paranoid scezopherenia. In 1 year she has stayed only 3 months with me and rest at her father's house. Both are not ready to leave each other. We have a 1 and 1/2 month old son. She had gone again to her father's house and is there past 6 months and gave birth to our son there and after 1 &1/2 month after birth she is there with her father and says she wants myself and my old mom to agree to her terms and only then she will come back. In 1 and 1/2 month I have been allowed to see my son only once.
P.S. Now though they show some interest towards mutual divorce.
Kindly advice me as to what can be done. What will be my rights and responsibilities in mutual divorce and towards my son if we go for mutual divorce?
2 Answers from Attorneys
mutual divorce means that the parties to the petition have settled all their disputes and their consent is free and they seeking divorce with their free consent. you need to sort out with her the custody issue and when the same is sorted out, only then you should go for divorce by mutual consent.
I agree with the above opinion. Besides, you should not try to aggravate the situation in any manner. Meanwhile, you should start providing maintenance to your wife for herself and the child. Finding fault may not help you in any manner. You need to understand the practical aspect of the problem and keep your cool in all circumstances. Avoid litigation unless you reach an amicable settlement about mutual consent divorce.
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