• How to proceed for divorce when wife has tortured me both physically and mentally

We got married without consenting our parents. After which we stayed together for one week. Later we again got married as per traditions. After which we stayed together for less than 2 months during which she physically beat me. Mentally tortured me by making false accusations about my mother and sister. Also, she continuously demanded for divorce. When I tried to explain her and cool her down she threatened me of lodging false FIR that I am asking for dowry. She even lies that my mother asked for dowry from her. She falsely exhibited that she is trying to commit suicide for four times. Doctor advised her to consult higher psychiatric centre but she refuses to go. We are staying separately for about 5-6 months as she got a job in some other town. During this period she again and again calls me and mother, and abuses us with unconstitutional languages. Inspite of all this she insists on staying with me and if I refuse to accept her demands, she threatens me of falsely lodging FIR against me for domestic violence. I have served her with legal notice for divorce. 

Please guide me how to proceed.
Asked 7 years ago in Family Law
Religion: Hindu

4 answers received in 2 hours.

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9 Answers

This situation can be dealt with by three options-

1. Digest all her humiliations and tortures and pass rest of your life like this;

2. Or get her medically treated, get her recovered from mental illness , if any, and stay peacefully;

3. Now if both these two options are not possible then file a suit for contested divorce suit unless she agrees for mutual divorce.

Unless and until you come out of this marriage I do not find any remedy from you.

Do not get scared of her filing false cases as such cases do not have much force nowadays and once you get bail which is routinely allowed nothing remains in such cases.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi, If your marriage is solemnized more than one year then you can file a petition for divorce on the ground of cruelty and you have a good case on merits also. So file a petition for divorce on the ground of cruelty.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

1) file for divorce on grounds of mental cruelty

2) rely upon call recordings in your possession of her abusive behaviour

3) Also doctor report that wife needs psychiatric treatment

4) if wife files false case of dowry harassment obtain anticipatory bail from sessions court

5) contest DV case if any filed by wife

6) please note that you can file for divorce only on expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) you have to rely upon witnesses testimony to prove your case

2) further call recordings will help you in proving your allegations Of mental cruelty

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The only remedy for you is to file a petition for dissolution of marriage on the ground of cruelty of your wife, but the cruelty will have to be proved in the court.

2. The call recordings coupled with medical record of your wife may ordinarily be sufficient for you to prove your allegations. Be that as it may, consult a lawyer with the recordings.

3. Apply for anticipatory bail if and when the FIR is lodged by her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Under this very hard and hostile atmosphere, it would be difficult to continue the married life.

If she is asking for mutual consent divorce, and if the marriage is more than one year, you may express your willingness for the same and if one year period is not yet over then you may even consider entering into a divorce agreement for the present and later on file the mutual consent divorce petition at the ripe time.

If this is not possible then you may file a divorce petition on the grounds of cruelty after completion of one year from the date of marriage.

You can obtain AB in case she is lodging false criminal complaint for dowry related offence and then challenge her case in the trial court

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The call recordings may not support your pleadings in the divorce case but the doctor's prescription and the eye witnesses may be of help to you to support your pleadings for the cause of action for the intended divorce case.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. if you have evidence to prove her these acts you can file divorce petition on the ground of cruelty.

2. it is admitted fact that extortion, misbehavior and threatening to file a false case constitutes an act of cruelty.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. " psychiatric patient " is no ground of divorce unless and until cruelty is proved.

2. proof of her disease is a corroborating evidence and court shall take presumption about her abnormal behaviour.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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