On 3 march 2015 we did love marriage , i work in valsad district ,i am from bombay city and my wife is of valsad, after the one month of marriage wife started mental harrasment and started quarrel on small small things .threating me that she will run away or she will suicide. we both stay alone at valsad finally on 29 may 2017 i left my rented house and made the application in mahila police valsad briefing the situation.i wrote that iam ready to pay my rent electric bill and also iam ready to give maintainance to my wife .but iam not ready to stay with my wife. i dont wont to stay with my wife provide the solution
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1) file for divorce by mutual consent
2) it takes 6 months time
3) it is necessary that both parties stay separate for period of one year before filing for divorce
4) if wife is not willing for mutual consent divorce file for divorce on grounds of mental cruelty
5) contest ed divorce cases take 5 years to be disposed of
Hi, File a petition for divorce on the ground of the cruelty. If you able to prove your allegations in the court then you will get the divorce.
If you don't want to stay with her, you may leave the house.
You can even file a petition seeking divorce on the grounds of mental cruelty and tortures. The mahila police cannot help you instead they would be looking for opportunities to extract money from you.
Consult a local lawyer and proceed with divorce case
Dear Querist
immediately file a divorce petition before the family court based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955 and when she appear before the court then refer the matter before counseling or mediation and try to settled the matter for mutual consent divorce U/s 13(B) of Hindu marriage act-1955.
if she is not ready to go for mutual consent divorce then fight your case on merit and proved your case before the court and get divorce from her.
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1. you should give property reason for such refusal because if she brought case for restitution of conjugal rights you have to mention reasonable cause for such refusal.
2. if she files case for maintenance only then there is no problem because you are ready to pay all the expenses.
3. in Bharat Kumar vs Anita 2014 FLC 425 court held that quarrel on silly matters constitute cruelty and it is ground of divorce. so you can file divorce case or if she files any case for restitution you can take this fact as your defence because it is legitimate ground to refuse union.
1. If you do not want to stay with her then not even a court can force you to stay with her.
2. Be prepared to face false case which she may file.
