Legal Question in Family Law in India
In january my wife had lodged a divorce case against my will but as we were staying under one roof the case is pending now also we both r staying under one roof.she had regularly lodge complaints against me as i m harassing her & torturing her but as she is woman her voice was always heard by police& i was kept behind the bars for 1/2 days.now it has been came to know that she has an affair with a person from last 2 years.i had seen them in thane stn & when i argued she took the side of that person .we have two kids son of 16,daughter of 14years & i love them also my wife too but the situation is that she regularly frustrates me by abusing words and sometime even beats me untill the blood comes.As i love them i am suffering a most and if i go to police i will loose them & i don't want to happen.she always give threats of leaving me and allow to do as she wishes.is there any law which could teach her a lesson & not to split my family also.i am getting depressed day by day .
2 Answers from Attorneys
It is better for you to appear in the pending divorce case and plead and prove that you are living under one roof and further you can take recourse of Domestic Violance Act and in case you want custody of the children then you have to take recourse of court of law by filing petition for their custody.
Instead of "teaching her a lession", it may be better if you "learn a lession"; and that is : she is the BOSS in your life. You need to shower unbounded love and affection on her and the family and create harmony, peace and happiness. Try to find your own faults by introspection and consider ways and means to improve atmosphere in your home. You may seek help and guidance from your children. Think as if you are a newly married adult and your children as your close friends. Legal recourse may not be very helpful in your situation.