Hello, My brother is going through a troubled marriage which was an outcome of 5 years of Love between him and the neighbour girl and a lot of pressure from both. Bride is short tempered, abusive, impatient and above all a liar who narrates hypothetical circumstances of getting harrassed by the mother-in-law. Only our Mother, Brother & the Girl are staying in the house. There are over 4-5 instances when she ran to her house(adjoining house) after creating ruckus and mayhem at home at midnight. Her brother and father used to get her back home after few days. She has barely spent few months around mother-in-law in 1 year of marriage & always look for chances to spend less time in the family. Be is spending excessive time in washroom or doing 2 jobs in morning and evening. After marriage, Our mother was away for over a month for my kid's birth. Then the girl left state for 3 months making an excuse of some training. Later we visited the house and stayed together for 1 month and 8 days, out of which she again ran to her house for over 18 days. Finally she ran again to her house and has been staying there since 3 & a half months now. Her family truely belives her lies and see my mother as a problem in the married life. My mother is an educated, retired and respected senior citizen and has goodwill in the neighbourhood. We now intend to seek divorce on the grounds of desertion in this case and ask for your opinion. Many thanks.
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Hello,
You may file divorce on this ground saying that the act of the wife amounts to cruelty and the divorce can be filed on the ground of cruelity.
Also bear in mind that apart from such instances orher things will also have to be shown in order to show cruelty.
Regards
Your brother has to file for divorce grounds of mental cruelty
2) wife abusing husband and mother in law amounts to mental cruelty
3)wife refusing to stay with husband amounts to mental cruelty
4) your brother can file for divorce on grounds of desertion if wife refuses to stay with him for period of 2 years
1.Getting divorce solely on the ground of desertion is very tough task.So do not rely on this ground alone.
2. Take the plea of mental cruelty as well to seek divorce.The amount of tortures she has meted out to you and your mother is a enough reason for getting divorce. However you need to prove these facts in court to get divorce.
3.However beofre fling contested suit for divorce you may propose her to get mutual divorce which takes lot of hassles and time.
Desertion or separation needs to be for a period of 2 years(continuously) so as to constitute a valid ground of divorce.
Thus, in your case divorce petition cannot be presented on the ground of desertion. Having said that, divorce petition can still be maintained, but on some other ground (s), which will have to be explored.
Best,
Adv. Vibhanshu
You can seek divorce on the ground of cruelity and desertion. You can seek divorce on the ground of deserts on only when she has been deserted her husband for more than 2 years continuously. If desertion is less than 2 years then you cannot seek divorce on this ground. As per the circumstances of your case you can easily take divorce on the ground of matrimonial cruelty. She is reluctant to perform his matrimonial obligation and seek every opportunity to spend time in her paternal home. The Supreme Court has held in the Sridhar Shri Krishna versus S.H.K Iyer 2005 SCC that if wife is reluctant to perform her matrimonial obligation then her act shall constitute matrimonial cruelty and it is a fit ground for divorce.
1. The ground of desertion is attracted if the spouse has abandoned the matrimonial home for 2 years, in your case it is only 3.5 months. So it is not attracted.
2. Your brother is free though to seek dissolution of marriage on the ground of cruelty.
3. As a counter measure the wife may file 498A besides other cases.
Hi, a husband can file for desertion when the wife refuse to stay with him without any justified reason .. If you file for desertion , she will state the reason for staying apart is domestic violence .. It is advisable to go for mutual divorce of both the parties do not want to continue marriage
1. For filing divorce suit on the ground of desertion, your brother shall have to wait for two years from the date of her deserting him.
2. He can file divorce suit on the ground of cruelty after collecting evidence of all her cruel acts by audio/video recording her conversations.
3. Your brother can also negotiate with her for jointly filing a mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.
Since the period of separation is not more than two years continuously, the divorce petition on the grounds of desrtion may not be maintainable, however her continuous acts of absconding ftrom the matrimonial home, disrespecting behavior, not taking care of the household affairs, hostile attitude towards husband and elders of the family among other things would constitute ingredients for cruelty.
You may consult a local lawyer and take his advise on further issues, but dont take a decision in haste, first try to reconcile the issues between them as far as possible, if the efforts fail and the situation is precarious or beyond tolerance then this may seen as a last resort.
