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.
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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
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
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
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.
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.
Dear All, Thank you for the reply. I would like to share my situation now : 1. I have around 15 chats in which she is abusing me or my mother very badly. She is claiming that i do sleep with mother and all non sense studpid things and abusing. 2. I have 3 photos which I clicked after she slapped me very badly on neck and face. 3. I have 3 phone calls recoreded where she is abusing me and my family and 2 phone call records where her father is saying that u give divorce to her if you cannot stay with her. 4. She is constantly abusing in every 3-4 days and abuses very badly. 5. I dont have any record of her when she says she will put false case against me or do suicide but she do say it . Kindly suggest me on these grounds how to proceed ? Is this much proofs are enough? Or How to proceed further.
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