Dear esteemed advocate fraternity, I need your generous help to get relief from my dangerous cruel minded wife. I have posted few days before regarding my bad family situation due to my wife and asked for visitation right to my child, defamation case, and criminal prosecution. Sending the exact link for your perusal https://www.kaanoon.com/144861/defamation-case-male-harassment Now my query is: - How to get divorce from this cruel lady. Kindly go through to the above link than only you can suggest me about current situation. On 15th Sept 2017, She went to my home and ask for all properties she brought at the time of marriage. My father told her that as my son is absent how could you take such decision and he rang me about the matter. Than I responded him that give her all as her wish, but I told to do it in supervision of SAMAJ members. Than samaj member wrote a notes regarding what is she packing and mentioned there that I DON'T WANT TO STAY WITH HUBBY, that is why wanted to take everything. Than samaj member tell her to sign on it, initially she did signature but after some time, she tore the document after getting a call from some one and she along with her parents rush to nearby police station for giving complain regarding all this matter. Than police officer call my father and asked everything and father narrates everything. Police officer scolded both party for the situation. He scolded to my wife too. why are you doing like this, what is your plan? Are you not going to stay with your hubby? Like that. Than police instruct my father to give her all the belongings without being registered any case regarding this and After this compromise everything was settled and she took all the belongings as her wish. My father went to home and they gone to their place. So my request is that without anything she created a nuisance like situation at my home in my absent and without information. She is not bother about my existence and my Image too, Right now I am posted as Scientist B at a prestigious institution of Indian council of medical science, Patna. For earlier reason and this current reason, I am no more optimistic for our relation, I wanted to leave her though I have a cute daughter of 3 months old. I shall fight for custodian after 5 years, but right now I need divorce urgently. For her cruelty I couldn't even see my daughter from 16th July 2017. It is almost 3 month. Help me in this regard. What ll be the procedure of divorce, how would I get a guarantee divorce from this women.
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1) you can file for divorce on grounds of mental cruelty
2)wife abusing husband , in laws amounts to mental cruelty
3) wife filing case against husband amounts to mental cruelty
4)in divorce petition seek visitation rights fro your child
5) you have to prove allegations made in divorce petition
6) contested divorce cases take 5 years to be disposed of
File a divorce petition under section 13(1) of the Hindu Marriage Act before the Family Court on one of the grounds specified in the said section. Since, cruelty is one of the ground of divorce, you may contest your divorce on the ground of cruelty.
Seek interim custody of your child by way of moving an application before the the Family Court in the same case.
Hello,
You can go ahead and file a divorce case on the ground of cruelty and in the same you can ask for visitation rights of your child. Also it may be noted that it will take 5 years for the case to be decided.
Please bear in mind that you will have to prove all the cruelty that will be alleged by you in the petition.
Regards
1.There is no way one can get urgent divorce unless you make aher agree for mutual divorce.
2. If this is not possible then you will have to file contested divorce suit which would take time.
3. If you're not safe staying with her then stay separately.No force is there to compel you to stay with her only.'
4. Unless you prove the allegations mentioned in the divorce suit the decree of divorce would not be granted.
1. There is nothing such as 'urgent divorce'. If you want divorce then you are free to file a petition for dissolution of marriage on the ground of cruelty. You will have to prove your allegations in the court in order to succeed, to which end you should record your conversations with her and in-laws.
2. She can contest your petition once she receives summons from the court. It will be a trial where you will have to prove your allegations. The outcome of a contested trial is always uncertain. So do not harbour any misconception about a 'guaranteed decree'.
keeping child away from you, living separate without any reasonable cause, call police on silly matters, each time try to raise hue and cry are constitute acts of cruelty.
if marriage became frustrated in such a grave manner that there is no chance left to live as husband and wife then it is in the interest of justice to end this nuptial knot. this is observation of supreme court in catena of cases. if you want immediate divorce you can approach the supreme court under article 142 indian constitution because only supreme court has power to waive of cooling period of 18 months and grant immediate divorce.
this process is reaffirmed by the supreme court on 12 sep 2017in the case of amerdeep vs harveen kour (SC)
If you have decided to quit this married life or to dissolve the marriage by a decree of divorce, you may file a petition seeking divorce on the grounds of mental cruelty.
Let she appear before the court and either contest or submit to the decree prayed for by you.
There is nothing forbidding you from claiming child custody, however the court may not be inclined to give custody to you till the child turns 5 years of age but it cannot deny you the visitation rights until then as an interim relief.
You can file a child custody case also along with the divorce case.
