• Divorce

I want to get divorce from my wife as she use abusive language to me and my family, to my mother specially , she even slapped me sometimes. How can i file the case ? What all necessary proofs are required.
She also threaten us to file dowry case and also threaten to do suicide with suicide note writing our names.
She also alleges me to have extra marital affairs , however she does not have any proofs and only allegations.
Does court support and probe the matter of getting proofs for her ?
We have one kid of one year also but our fights keep on going after every 2-3 days and it is very frustating. She uses a kind of very abusive language and it is mental torture.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) record her abuses

2) you can file for divorce on grounds of mental cruelty

3) wife abusing husband ,assaulting him amounts to mental cruelty

4) wife accusing husband of having extra marital affair amounts to mental cruelty

5) file NC with local police station of wife constant threats to comit suicide

6) obtain AB if wife files false dowry harassment case

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Concerned,

As you are still planning to file a divorce or looking out way for separation - cautious steps need to be taken hereon in order to avoid false cases and charges.

You can file divorce on cruelty - however it is advisable to be prepared for false cases, hence we suggest you to give us call for free consulting on your subject.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

using abusive language, threaten to commit suicide and alleged for extra marital affairs, all are cruelty against the husband, most important cruelty is slapping to husband and you may file a divorce case based on cruelty against her before the Family Court U/s 13(1)(ia) of Hindu Marriage Act-1955.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Giving threats of suicide , filing false cases and raising unfounded allegations of adultery are good grounds for divorce for which you can file the same.

2. Try to find out if there is any specific reason which is causing trouble to to her and if the ame can be rectified you can do the same.

3. Otherwise try to settle amicably and go for mutual divorce.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

Constantly nagging, hurling abuses, giving threatening calls saying she will commit suicide or file false cases,physical assault etc., constitute grounds for cruelty.

You may proceed with filing a contested divorce case. The pleadings narrating the events chronologically would be enough and you need not be worried about the documentary evidences at this stage.

Consult a lawyer in the local on further issues.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

file for divorce on grounds of mental cruelty

2) rely upon chat messages wherein wife abusing you and your mother

3) also prepare transcripts of phone call recorded by you and enclose it to your divorce petition

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

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