• Suit for divorce

I am fed up with my 3 years of Marriage as my wife is very hyper and tries to molest me every now and then. I just want to get out of this marriage as all he wants from me is money and it does not matter for her whether I am alive or dead. This was a arranged marriage which is being arranged by my father and her Sister forcefully on me. Please Help get through this Situation. I dont have any money as I am not Earning right now.
Asked 6 years ago in Family Law
Religion: Hindu

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8 Answers

Hello,

Is your wife living with you right now.

If you want to end the marriage you can file a suit for divorce, if your wife agrees for it then you can file a suit for mutual consent divorce and if she is not ready then you can file a contested divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If your wife does not agree for divorce by mutual consent File for divorce on grounds of mental cruelty

2) you have to prove allegations made in divorce petition

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

File a suit for divorce by way of preferring an application for divorce under section 13 of the Hindu Marriage Act before the Family Court.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File a divorce petition in court on the grounds of mental harrrasment ...it will be more convinient for you if she agree for mutual divorce

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

1) You can file for divorce on grounds of mental cruelty. You have to however highlight instances that prove that you have been harrassed by your spouse by what she said, did and intended during there's these 3 years of marriage .

2) Even if you are not earning now you will have to deal with her chain for maintenance, alimony, residence etc. If she is currently unemployed her claims will get easily granted by court.

3) Try to negotiate and find if she is willing to go for a mutually consented divorce. This works better if there's a consensus and a lot of mud slinging can be avoided.

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

1. You shall have to show ground for seeking divorce from the Court and 'I am fed up with my wife' or 'she asks for money only from me' etc. are not the valid grounds for seeking decree of divorce.

2. You can file a divorce suit on the ground of cruelty for which you shall have to submit evidence of bher cruel acts on you, if any, by audio/video recording all her such acts on you.

3. Before filing the divorce suit you shall have to keep in mind that divorce is the 2nd most stressful event in one's life and there is no guarantee that your next wife will be any better.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage. In Indian legal system it is very difficult to get divorce. If you go to court and ask for divorce against your spouse then the onus of proving the facts will be on you. You can ask court to grant divorce if you feel that you have been subjected to . .

• Mental cruelty

• Harassment

• false 498a case

• marriage non-consummated

• Mutual consent

There are two ways to legally end a marriage – annulment and divorce. If you are withdrawing from marriage and relationship then file petition for nullity of marriage. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

If you are facing a torturous situation and are meted out with cruelties by you wife and they are intolerable, yo can decide to dissolve the marriage by a decree of divorce through a court of law on the grounds of cruelty.

You can consult a local lawyer and make strong pleadings based on the evidences you rely upon and the merits in your side, file a divorce case before the family court .

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

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