• On what grounds can I file for divorce from my husband?

I am 46 years old married for almost 21 years to my 51 year old husband. Over the years due to emotional stress and other factors we have drifted apart. My husband is very dominating and does not allow me to express any opinion contradictory to his. We are also having sexual problems. His demands for sex are of a manner that are not acceptable to me. Of late he has been accusing me of having affairs, which is not at all true. I want a divorce as it has become unbearable for me to survive in this marriage. I am under constant mental and emotional pressure. Sometimes he says he wants a divorce too but when I say I am willing, he soon changes his mind and tries to persuade me to stay with him but on his terms. Please guide. Thank you.
Asked 4 years ago in Family Law
Religion: Hindu

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25 Answers

If there is a positive agreement then both of you may file for mutual divorce, else you will have to file for divorce on the ground of mental cruelty which he can contest.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can file for divorce on grounds of mental cruelty 

 

2) husband accusing wife of having extra marital affair amounts to mental cruelty and is ground for divorce 

 

3) you need to prove allegations made by you in divorce  petition 

 

4) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0


if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,


don't forget to draft a Memorandum of Understanding before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you can file/claim:
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

contested divorce on the ground of cruelty but it will take a long time, many years

Call/mail for a detailed discussion/understanding

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

If you have made up your mind for Divorce then you can file for Divorce on grounds of cruelty , your first step is to meet an advocate and discuss and understand the process in detail and have clarity for taking the next step.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

After staying together horvtears this kind of frictions iz quite nurmal. Both of you are aging and hence your respective temperament, tastes , sexual orientation etc are going to face a sea change. 

So during this transformation phase you need to be more patient and understanding for each other.  He may be having some insecurity issues as well from you. 

Do note divorce is not the only solution for marital wear and tear.  When you could lead a relatively good life with him for wq years then it's unreasonable to think that divorce would entail a bed of roses for you. Go for a trip with him without children if the human race doesn't go extinct from this ongoing mayhem. 

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Hi

Look.. you have to make your mind first.

If you want divorce and he is ready..go for mutual consent. 

If you want divorce and he is not ready then 13A HMA contested divorce case. 

Wish you luck for future

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If he's not agreeing for mutual consent divorce then you may have to file a petition seeking divorce on the grounds of cruelty. 

You can mention all those incidents of mental cruelty that had taken place in your life chronologically as pleadings in the divorce petition. 

You can consult a local advocate and proceed as per the advice received 

 

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

See firstly you can talk to him and talk of mutual divorce if he consents for same you both can file joint petition and file mutual divorce before the family court it's fast and hassel free. 

In case he is not agreeing for mutual divorce then in that case you have to file divorce on ground of cruelty against your husband and contest same . Also you can seek maintenance from him.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Initially you both can visit family counselor and check his mental conditions. The counselor will ask all cross questioning and may bring his mental stress down and whatsoever his unnatural demands towards physical relationship.

 

But due to COVID19  lockdown you have to bear him for time being later on can have meeting with Family counselor who sit in the family court.

Ganesh Kadam
Advocate, Pune
12940 Answers
256 Consultations

4.9 on 5.0

You can file divorce on grounds of cruelty in the said circumstances. You can also claim maintenance from him under various laws like domestic violence Act, 125 crpc and family court maintenance petition

Prashant Nayak
Advocate, Mumbai
32164 Answers
185 Consultations

4.1 on 5.0

Hi 

Since the husband is making false and baseless allegations of extra marital affairs, the same comes the definition of Cruelty and hence it is a good ground for claiming divorce. 

Given the fact that both of you are married for 21 years, courts will recommend for counselling sessions and in case the counselling fails, the court will grant divorce and also quantify the alimony amount.

Please contact a lawyer who can help you to 

1) Draft a divorce petition u/s 13 (1)(ia) of Hindu Marriage Act

2) Highlight the cruelty(allegations of extra marital affairs) so as to establish the grounds for divorce

3) Also help in determination of property rights/alimony post divorce. 

4) Child Custody/Child maintenance issues (if children are born out of marriage)

5) Help in claiming Interim maintenance(if required by you and your children if any) pending adjudication of divorce proceedings

6) Help you in getting orders pertaining to Right of residence (during the divorce proceedings and thereafter), protection orders (from your husband) and non alienation orders against your husband.

 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

CONSIDER THIS:
1. Divorce on the grounds mentioned by you does not warrant Divorce Proceedings, more so specifically when Husband wishes you to stay with him.

2. Husband's adverse attitude can be changed, by guidance & introspection, preferably by taking few counselling sessions with a psychologist or near relatives /friends.

3. You are advised to try above, before thinking of Divorce /whatever.

4. However IF you think that Divorce is inevitable, THEN start accumulating documentary evidences /video recordings, witnesses about his misbehavior, funds, property etc.... since you are legally entitled to properties of husband for your future sustenance.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

 

1. Let you convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

Hello 

  1. You can file for divorce on grounds of cruelty.
  2. Demand for sex that is unacceptable and uncomfortable is certainly act of cruelty.
  3. You will need to engage a lawyer and brief him or her with details to draft a petition to be filed in the court which will send him summons. It is always possible that your husband agrees for a settlement and the petition gets converted to a mutual consent divorce.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

Apply for a divorce on the ground of mental cruelty, as this continuance of this marriage is taking immense mental toll on you and you are unable to take the emotional and the mental pressure arising thereof. See an expert lawyer having vast experience of handling matrimonial disputes.  

Vibhanshu Srivastava
Advocate, Lucknow
9632 Answers
303 Consultations

5.0 on 5.0

If both of you have decided to end the marriage, you could proceed to file a divorce by mutual consent. If either one of you does not want a divorce, then the grounds under the Hindu Marriage Act the options are very limited.

Grounds for seeking divorce are, a) Either party has had voluntary sexual intercourse with any person other than his or her spouse,

b) Treated the petitioner with cruelty, c) has deserted the petitioner for a continous period of not less than two years immediately preceding the presentation of the petition, d) either party has ceased to be a Hindu by conversion to another religion, e) either party has been incurably of unsound mind, or has been suffering continously or intermittently from mental disorder of such a kind and to such an extent that either party cannot reasonably be expected to live with such person, f) either party is suffering from a virulent and incurable form of leprosy, g) has been suffering from venereal disease in a communicable form, h) has renounced the world by entering any religions order, i) has not been heard of as being alive for a period of more than seven years.

So you see under any of the above circumstances you could proceed to file the petition seeking divorce from your husband. As per your version, cruelty could be one of the ground in your petition. Mental cruelty, seeking sex from the wife always could also be one additional ground. In a recent judgement passed by the supreme court excessive demand for sex, the court was pleased to grant divorce to the wife.

So consider these facts and then decide how you wish to proceed.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

immediately file a divorce case against her before the Family Court based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955. if you are not earning and unable to maintain yourself then you may also file an interim application under section 24 of HMA and claim pendent-lite maintenance and litigation expenses.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Irretrievable breakdown of marriage not a ground of divorce presently in India.

You can apply for contested divorce on the ground of mental cruelty and accusing you of having external marital affair.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

If you want a divorce then file a petition in the family court on grounds of cruelty. If there are chances that he may come around and improve then try court mandated mediation.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

- The easiest & shortest way to get decree of divorce from the court is Mutual divorce, i.e you should take the consent of your husband to file a mutual divorce petition. 

- If, your husband not ready for mutual divorce then you should file a Divorce petition on the ground of cruelty.

However, before filing of divorce you should know your right, which are:-

 1.As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2.Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband , in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty. 

- Further, if you dont want to disturb your husband , then the better option is Mutual divorce. 

Mohammed Shahzad
Advocate, Delhi
13541 Answers
201 Consultations

5.0 on 5.0

U can file a case of domestic violence and apply for divorce under Hindu marriage act

Sital Patil
Advocate, Kota
139 Answers

Not rated

1. You can file divorce petition on ground of mental cruelty under section 13 of Hindu Marriage act.

2. Not letting you express your opinion, Demands of unnatural sex or dominating nature are very well under the scope of mental cruelty against you.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Among various ground of divorce, except cruelty subject to its establishment with reasonable explanation, no other ground exists in your case. 

Now come to the point cruelty.  Cruelty in matrimonial cases can be of infinite variety. 

In general court construes cruelty as wilful and unjustifiable conduct of such character as to cause danger to life, limb, or health, bodily or mentally, or as to give rise to a reasonable apprehension of such danger. The question of mental cruelty has to be considered in the light of the norms of martial ties of the particular society, to which the parties belong, their social values ,status, environment in which they live. Cruelty need not be physical . If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty .

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

If possible (preferable) go for Mutual Consent Divorce (MCD) it is win-win situation for both of you (It can be concluded in 6 months to one year).

You can go for divorce on the ground of Mental Cruelty (depending upon his response and court's work load it may take 5 to 10 years).

However, before going to file the same, you better collect proofs / evidence viz., his abuses, comments and threats to prove / establish the mental cruelty on you.

Accusing you of having affairs also amounts to mental cruelty, preferably, record these accusations also, while doing so, you do not lose your temper and bad mouth him / his family members.

Sum and substance is, if you file for divorce you need to prove your case, as such, the above are required to support your case.

You can also file application for maintenance and also seek alimony.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Madam,

You can file divorce case on the ground of mental cruelty.

The grounds of contested divorce are as follows:


  • Cruelty:Cruelty may be physical, emotional or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining a divorce under the divorce law due to cruelty by the spouse.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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