Legal Question in Family Law in India

Mental Harasament by Wife

I am 37 and my wife 40 we are married (registered )for above 13 years have two children boy & girl 5 & 4. Both of us are working in corporate offices. My wife keep nagging for every small thins earlier I used to bear and have patience, now it�s unbearable. Two months back we had a quarrel she abused me very badly and I lost my control and beat her with a cane. She now left the house and the children to my care and staying with one of her bachelor friend. As ours is a nuclear family I have no one to take care of my kids and many of my colleagues know my family problems. I am embraced and had to leave my job. By phone and family friends she is harassing me ever now and then. I want her to come back and reunite the family for children�s sake. She know my children are my weekness. I have apologized and requested her several times to come back home.

PLESE HELP ME, advise me what I have to do ?


Asked on 6/25/07, 1:56 pm

9 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Mental Harasament by Wife

the best way is to persuade her to join the matrimonial home; you should try to keep your cool; beating a woman with a cane is a serious offence; you need to maintain ur cool and apologize to her profusely by promising that such mistake shall not be repeated in future.

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Answered on 6/26/07, 8:59 pm
G. M. Gupta gmguptaandassociates

Re: Mental Harasament by Wife

what else ....... say sorry and get her back. by what right u have beaten her? keep cool mind over ur shoulders and persuade her. i think everything willbe fine

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Answered on 7/01/07, 2:21 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Mental Harasament by Wife

you are infact trapped in a difficult situation where u have lost your wife, your job and on top of that you need to take care of your kids. you may file a petition for conjugal rights but it might infuriate her and she may approach the women cell. best way out is to wait and watch......and find a better job for urself for the sake of ur kids

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Answered on 6/27/07, 2:38 am
kavitha balakrishnan kpp associates

Re: Mental Harasament by Wife

asking your wife to re-unite is a good attitude. but it is really very difficult to get through ... the best method would be to talk to her and find out that wheather she is really interested in you and your children! - legally speaking you can issue a legal notice and ask her to come back and then you go in for a suit - for restitution of conjugal rights... here to the court can only pass an order ... the court cannot sit with you two and see that you live togather! otherwise incase you decide on seperating consult a lawyer and issue her a legal notice alleging harassment and desertion! good luck!

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Answered on 6/26/07, 12:04 am

Re: Mental Harasament by Wife

You may file a case for restitution of conjugal rights before District Judge of your District.consult an advocate.

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Answered on 6/26/07, 12:26 am
rajeshwar sharma rajeshwarnathsharma

Re: Mental Harasament by Wife

With the help of your and her friends & relatives resolve your all issues and try to bring back your wife and in that case you may approach the court for resumption of conjugal rites. You may also serve the legal notice in this regards with warning that in the of her failure to resume matrimonial relations, you will file divorce case on the grounds of cruelty and deseration.

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Answered on 6/26/07, 12:36 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Mental Harasament by Wife

good morning.. just because of the children who are your weakness you want to reunite with your wife is a good thought but you have to talk with her and if it is not possible that your wife does not co-operate or understand then you can further move to issue her a notice alleging harrasment and dissertation.. take care

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Answered on 6/26/07, 1:50 am
Alok Sharma Alok Sharma & Associates

Re: Mental Harasament by Wife

legally speaking u have only one remedy i.e. you can file a petition u/s.9 HM Act for restitution of conjugal rights, which in practical has no value, how ever, there are many provisions by which u can be harrased by your wife. So best advise is try for compromise with your wife i.e. for living together or for divorce by mutual consent. You may have to pay her money for her consent. A petition for divorce is your last resort. You should collect as many proof as possible regarding her stay with her bachelor.

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Answered on 6/27/07, 8:40 am
ANILKUMAR KAPPILLIL THE LAWYERS' SYNDICATE

Re: Mental Harasament by Wife

I think the problem ought to have been amicably solved through effective counselling. The root cause of the problem is built up stess induced by hectic corporate life. Now, if your married life is irretrievably broken down, you can better seek divorce. In such a case, the court will certainly look into the welfare of your children and the custody of them will have paramount concern for the court. By the way, if your wife is currently living with someone else, you can sue that person also in an action for committing adultery.Mental cruelty is also recognized as one of the grounds for seeking divorce.

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Answered on 6/27/07, 10:03 am


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