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Daughter in law abuse to in laws and desertation of husband Daughter in law abuse to in laws and desertation of husband

7 months ago

My wife is very secretive and do not inform about her wereabout when she leaves house, also do not pick call, when picked disconnetes in middle, and never call on her own, tells going for 10 days and comes after 3 months, when I argued with her she left house and went to police station and complained under section 504 against me and my parents - this has happened for 2 time in 2 years, also we have 3 years male child to whom she use as weapon and tortures us all mentally as she knows that we are used to him, also she has cut off her relatives from me never provides there contact number , I tried to ask her but she just makes excuses to do so, I am really reached dead end, please guide me should I continue or go for divorce.

Anik

Responded 7 months ago

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A.Dear Client,

If reconciliation is not possible or in the best interests of all parties involved, hire an advocate who can guide you through the divorce process. There is a provision for divorce under section 13 of the Hindu Marriage Act on grounds of cruelty and harassment. A husband may file a case under this section if he is being mistreated and harassed by his wife.

According to the law laid down by the Supreme Court in several judgments, there are three types of cruelty. The first one is physical, i.e., violent conduct causing pain to the spouse; the second is mental cruelty, which makes it impossible to reasonably expect one’s spouse to put up with the conduct complained of and live with the other; and the third, legal cruelty.

While judging whether the conduct is cruel or not, what has to be seen is whether that conduct, which is sustained over a period of time, renders the life of the spouse so miserable as to make it unreasonable to make one live with the other. The conduct may take the form of abusive or humiliating treatment, causing mental pain and anguish, torturing the spouse, etc.

Keep records of any relevant communication, incidents, or events. This documentation can be useful in legal proceedings. Child custody and visitation arrangements will be determined by the court based on the child's best interests. It's essential to consult with your attorney to present your case effectively.
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