• My wife not giving divorce - how to get divorce from wife

I got married in 2009 year i I have a child. since 2 years getting trouble from her against extra effairs and her blaming me as well beating with some one and her daily scolding as ur a schedschedule cast broot and as well my family so I need realiafe from her kindly suggest me how can I get divorce from her
Asked 8 years ago in Family Law
Religion: Hindu

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13 Answers

Hi, you can file for divorce on the grounds of mental cruelty .. You have to file a divorce petition in the family court of your district .. Consult a local lawyer and file a petition

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hi, I have already told you the procedure .. Incase for the time being you can stay Seprately from her , if it us being really impossible for you to stay together .. While staying apart from her , you can contest the divorce petition .. Also have some courage and fight for your life..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Dear Querist

Immediately file a divorce case against her before family court under section 13(1)(ia) of Hindu marriage act based on cruelty.

Fight the case on merit and proved her cruel behaviour and get divorce from her, if she is not working and unable to maintain herself then she will be entitle to get maintenance from you.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

file for divorce on grounds of mental cruelty

2) wife assaulting husband amounts to mental cruelty

3)wife abusing husband amounts to mental cruelty

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

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

you can file complaint of criminal defamation against wife under section 500 of IPC is she is maligning your reputation

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

start staying in separate household from wife

keep on paying her maintenance

then file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99856 Answers
8148 Consultations

1. If she is not ready for mutual consent divorce then you may file for contested divorce on the ground of cruelty.

2. Before going to court you should collect proof of her cruelty by installing CCTVs inside the house.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You shall have to first collect evidence of her such offensive statements made against you and your family members by audio/video recording her such conversations.

2. Thereafter lodge a police complaint under SC/ST ( Prevention of Atrocities) Act submitting the above evidence collected by you.

3. She will be arrested and will not get bail easily which will teach her appropriate lessons.

4. If police refuse to act, you can file a Writ Petition against police inaction praying for a direction upon the police to register FIR based on your complaint and act accordingly.

5. Thereafter you can file a divorce suit on the ground of cruelty since such act of your wife is considered as cruelty by the Supreme Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. Lodge the police complaint as suggested in my earlier post which will get her arrested and finally be punished with jail term.

2.If her said offence on you is proved, you shall be able to get the decree of divorce on filing a divorce suit, easily.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

1. Attempting to commit suicide is a crime by itself. So do not try it again.

2. Lodge the police complaint and the case as advised in my earlier posts.

3. Contest the DV case filed by her fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27721 Answers
726 Consultations

Even if she is your wife, she cannot commit atrocity on caste basis.

Se cannot insult you calling your caste name.

You can file divorce case besides lodging a criminal complaint with the local police against her under the provisions of SC/ST atrocities (prevention) act

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

and her blaming other girl and she filing case against domestic violence and her blaming me in society and office premises and anywhere it's like a bell to me pls suggest me and pls relaeve me from her if its conti continue I'll ready to sucide.

You first have to live separately away from her if the situation at home is beyond tolerance.

You can file a divorce case on the grounds of mental harassment and cruety

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

this year on 17 May i has attempted suicide also against her hurrasment I'm mentally and physically and psychological decided to be alone how to get divorce from her pls guide me pls

Her suicide attempt is one among the valid reasons for filing a divorce case besides cruelty and other grounds seeking divorce from her,

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

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