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Author Topic: Harassment by wife and her family  (Read 1651 times)

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Offline Sdhar

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Harassment by wife and her family
« on: September 08, 2015, 05:15:09 AM »
Hi,

   I need some help from this forum. I'll be very thankful for your valuable advice.


    I'm got married in Feb 2011, its an arranged marriage. After 10 days of my marriage i left abroad to submit my PhD thesis and back to India in May 2011. That period i was in my brothers house in Hyderabad my wife too joined me there we  were there for 10 days and everyday she use to argue with me and my brothers family that time i noticed that here mental condition was unstable. So i called her parents to my parents home and clearly explained that about the mental condition. They took her to Chennai to get treatment. In July i felt to Delhi for my job,  latter in October, 2011 my parents along with parents came to Delhi to setup family that all stayed in Delhi for 10 days and still she is not recovered and everyday was a nightmare, so i requested her parents to get her treatment. They returned back to Chennai and told that she is getting treatment there. In may 2012 the came to my parents house and stayed there for 3 months, she didn't changed so my parents asked her parents to take her back to Chennai. From last 3 years we didn't speak or see each other. All of a sudden early August, 2015 they sent a lawyer notice asking us to take her back  and resume material relationship. So i sent a lawyer  reply that she has not changed her attitude and mental condition so we are not ready. Latter he came to my office in India and approached HR director and defamed me. On these basis can i file divorce for their cruelty and her mental instability?

Please advice.

Thank you.

Offline adv.amarnath

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Re: Harassment by wife and her family
« Reply #1 on: September 08, 2015, 06:58:17 AM »
You should have filed a case for nullity of your marriage as your wife is a mental patient prior to your marriage. But you can file a case under cruelty for defame you but you have to prove that she had defame you with evidence. Your HR officials are required to give evidence before court. But if want to file a divorce petition on her mental instability then you have to prove it vide doctor's report and afresh medical test, etc. So before taking any steps please think twice.

For more clarification and advice you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline saravanan.s

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Re: Harassment by wife and her family
« Reply #2 on: September 09, 2015, 08:08:49 AM »
in in addition to the ground of cruelty you can also add desertion as a ground as she had deserted you for more than two continous years but you need to prove that it is wilful desertion on her part

Offline adv.amarnath

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Re: Harassment by wife and her family
« Reply #3 on: September 09, 2015, 11:38:22 AM »
Just for clarification... Mr. Saravanan,

His wife had sent an advocate notice within the period of 2 years for taking back her to the matrimonial home which he had replied to that letter by saying that until and until she change her attitude and mental condition he is not ready to accept her.

Therefore in the eye of law or before the district judge, it will be assumed that the husband has deserted her actually as per the documentary evidence. This is has not mentioned that he had sent any letter to her or to his in-law about her mental problem.

So, what you say, is it will be good for him to approach before the court for divorce under the ground of Desertion??

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline saravanan.s

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Re: Harassment by wife and her family
« Reply #4 on: September 14, 2015, 03:34:28 AM »
i accept the point you have raised mr amarnath.desertion cant be a ground for divorce

Offline Sdhar

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Re: Harassment by wife and her family
« Reply #5 on: September 15, 2015, 05:25:21 AM »
Thank you everyone for your valuable inputs. I have called my father-in-law this (15 Sept, 2015) afternoon to resolve by speaking, i have highlighted their mistakes and the chances i have given to them, he lost his control and started to abuse be over the phone. Which i have clearly recorded, does this work as evidence for me? He is threatening me that i don't have any choice but he has.


Thanks
Sdhar

Offline adv.amarnath

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Re: Harassment by wife and her family
« Reply #6 on: September 15, 2015, 10:41:25 AM »
The voice record of rude behaviour of your father in law does not amounts to cruelty for divorce. neither that voice record (electronic evidence) shall be accepted by the court easily. There will be severe challenge for that record. If I stands against you as defence lawyer, I will just strike out your voice record evidence within a second.

What I had suggested you and same supported by Mr.saravanan.s Advocate, you must follow that. Hope that will be your remedy now. Just simple file a case for divorce under the ground of cruelty.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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