My wife returned to her parents’ home after three months of pregnancy. Since then, we’ve been constantly arguing over the phone. After our child’s birth, I’m not even allowed to see my child properly, and she uses hurtful language. I haven’t even received a phone call from her in six months. Last week, when I tried to visit my child, they wouldn’t let me. Then, I received a threatening call from the police, who are close to them. What should I do now? Can I file for divorce? If so, what alimony and property share should I give (my salary is Rs. 68,000, and my home loan EMI is Rs. 35,000)? Can she claim ancestral property in a divorce?

Apni Law
Apni Law
Law Forum › Category: Divorce › My wife returned to her parents’ home after three months of pregnancy. Since then, we’ve been constantly arguing over the phone. After our child’s birth, I’m not even allowed to see my child properly, and she uses hurtful language. I haven’t even received a phone call from her in six months. Last week, when I tried to visit my child, they wouldn’t let me. Then, I received a threatening call from the police, who are close to them. What should I do now? Can I file for divorce? If so, what alimony and property share should I give (my salary is Rs. 68,000, and my home loan EMI is Rs. 35,000)? Can she claim ancestral property in a divorce?
Vote Up
266
Vote Down
Apni Law Staff asked 1 year ago

My wife returned to her parents’ home after three months of pregnancy. Since then, we’ve been constantly arguing over the phone. After our child’s birth, I’m not even allowed to see my child properly, and she uses hurtful language. I haven’t even received a phone call from her in six months. Last week, when I tried to visit my child, they wouldn’t let me. Then, I received a threatening call from the police, who are close to them. What should I do now? Can I file for divorce? If so, what alimony and property share should I give (my salary is Rs. 68,000, and my home loan EMI is Rs. 35,000)? Can she claim ancestral property in a divorce?

1 Answers
Vote Up
24
Vote Down

Best Answer

Apni Law Staff answered 1 year ago

You can file for divorce based on cruelty and abandonment. Your wife’s actions, including refusing access to your child and the threat from the police, constitute cruelty. The court will decide alimony and property division based on your income, expenses, and other factors. Your wife can claim a share in ancestral property only if she is a legal heir, but not solely due to being your wife. You should consult a lawyer for specific legal advice and to navigate this complex situation.

You Might Also Like

My sister’s husband lives abroad and hasn’t been in touch. We’ve filed a criminal case against him, but now want to pursue a divorce by mutual agreement. We need to get back her jewelry, worth about 10 lakhs. Her in-laws are demanding she drop the criminal case before signing the divorce papers and are refusing to return the jewelry until after the divorce petition is filed. We’re worried they won’t appear for the divorce proceedings. Can we re-open the case if they don’t show up? Please advise.

If my wife, who works in the government sector, and I, who work in the private sector, get divorced, can she ask for financial support or a share of our assets?

My wife and I separated a year ago, just a month after our wedding. Her doubts and constant accusations made our life unbearable. I felt trapped and miserable. I asked her to return, but she responded with false allegations and claimed she was willing to come back. Deep down, I don’t believe she will change. I’m seeking advice on how to move forward.

Is counseling mandatory even for a divorce with mutual consent in India?

A husband in India faces a cybercrime case filed by his wife. He wants to seek divorce, citing a past financial dispute that was settled in court. Can he avoid paying alimony during the divorce proceedings?

Share This Article
Previous Article I was caught travelling in the luggage compartment of a Mumbai local train by the RPF and taken to their post at Mumbai Central station. They told me that a magistrate would arrive at noon and I would have to wait to pay a fine of ₹200 in court. I provided my details and was taken to court with other offenders. We agreed with what the magistrate said, paid the fine to the RPF, and left. Now I’m applying for the UPSC and the attestation form asks if I’ve ever been arrested, prosecuted, bound down, fined by a court, or convicted for any offence. Should I tick “yes” to any of these questions? Could not ticking “yes” be considered concealing information? What should I do?
Next Article My sister, a young mother of a two-year-old daughter, is facing a difficult situation. Her husband constantly belittles her and loses his temper, causing her a lot of emotional distress. She’s been enduring this for a long time, unwilling to share her pain. Now, she’s decided to leave and come to our home, leaving her baby behind. As her brother, I’m worried and want to help. Our family is Hindu, and I seek your guidance on how best to support my sister through this tough time.

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.