• About applying for divorce

Hello Sir, 
I got married in November 2013. She was studying at that time and she is the only daughter of my brother-in-law's mother's brother. So an arranged marriage and it was decided that her studies would be completed even after marriage.(1 year was remaining). We tried to convince her to get herself transferred to Mumbai (my hometown) and continue your studies here but she refused. But, she flunked and 1 yr got extended to 1.6 yrs. I used to travel all the way from Mumbai to her hometown just to meet and maintain relations with her parents. She eventually managed to clear all her papers. Now, we again tried to persuade her to do her internship (1 year) from Mumbai but she refused again. That is where I felt the discomfort and lack of understanding but since we all were related, I had to keep my mouth shut and let the things happen. Note - Her parents did not have any take on this. I wonder why ?! Still, I managed to keep my calm just because of my parents, my sister and my brother in law.She has visited and stayed in Mumbai many a times but gradually she started showing her reality.Checking upon my phone,bags,diary,wallet etc.She started behaving weird, getting angry and never listened to whatever I used to say to her. I tried my best to keep calm so that my parents doesn't stress over it. Every time she used to come she did the same thing.She started insulting me,verbally abusing me,physically abusing me at times,putting my mother down,never letting me live peacefully in my own house.I had to cut ties with almost all of my friends just because of her behavior.I actually used to plead to everyone involved to arrange a meeting and make her understand. No one turned up initially until there was a big fight one day. In front of everyone it was open that she had this nature of nagging me and always thinking that I have too many things to hide from her. But, just because this matter should not escalate further,everyone just said to be calm and try to be happy and all. All this was repeatedly happening (From January 2016 onward) This is taken a toll on me mentally and I was not even able to move my career ahead since I was totally sinked into this. On one side, I had to think about my family, and on other side I have to fight a war with myself just to let each and every torture, insult and hatred let go.I decided to keep stop talking to her because it was getting really impossible to handle such weird and insane behavior. When she was in her internship, she used to threaten me with suicide attempt and all. This is so immature. Same was informed to her father over phone but to my surprise, he used to just laugh it off. (Note -- All these years, none of her parents really visited Mumbai) On Jan '18 she verbally abused, hit me and tore my clothes in front of my and her parents. This was the worst point in my life. She didn't stop, next day she starts messaging my colleagues about my whereabouts. PLEASE ADVISE AND HELP ME HOW TO PROCEED?!!
Asked 4 years ago in Civil Law

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15 Answers


You have the case to file a divorce on the ground of mental cruelty as per section 13 of the Hindu Marriage Act.

Contact a local lawyer who can draft and file the same for you. Also, bear in mind that she might file various cases against you after you file the divorce, so take this decision wisely.

You may also talk to her for mutual consent divorce, if she agrees for the same then the things will work out more easily for both of you.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife assaulting husband , tearing off husband clothes amounts to mental cruelty

3) wife refusing to stay with husband amounts to mental cruelty

4) wife threatening to commit suicide amounts to mental cruelty

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) This is a very serious matter, try to take her to a lady psychiatric first and counsel her, if you don't want to go for divorce or annulment.

2) Understand her mind what makes her happy, is she was behaving like this way before marriage. As she is your brother in-laws maternal sister he must know each and every thing. Try to get her behavior history.

3) After knowing true facts than you can be able to take decision whether you want to go for divorce or not.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If this has been taking a mental toll on you, to the extent that you're not able to focus on important aspects of life, it'd be wise to move out of this marriage before it becomes very late.

If your wife too is ready for divorce, the two of you may obtain divorce by mutual consent which the quickest and least cumbersome way of separation.

However, you'll have to contest and obtain a divorce from her if she's not ready for divorce by consent.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

See you have the option to file a divorce based on physical and mental cruility. These grounds are sufficient.also you can file for domestic violence against your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to file the divorce petition on the grounds of mental cruelty against her with the help of any local good advocate.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

File matrimonial suit for restitution of conjugal rights

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Sir if you wanna stay with her file a case for restitution of conjugal rights in the place where you are residing asking her to come and stay with you or if you cannot afford to stay with her anymore please file petition for divorce under.Sec 13(I)a of Hindu marriage act under cruelty. But before filing divorce gather enough proof of the.cruelty caused on you by her.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Understand that marital life is engrossed with roses and thorns. It is a marriage of thoughts, once thoughts does not synchronize, it leads to breakdown. Under such circumstances, allow the things to go as is and wait for the other party to respond. If not, if the other party is ready to get the ties mutually dissolved, file a petition under S.13(b) of the hindu marriage act to get the marriage mutually dissolved.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can apply for divorce under section 13 of HM act on grounds of cruelty and desertion.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

You can try getting professional help from a marriage counsellor.

If that doesn't work out, try to find out whether she really wants to be in this marriage. If the both of you agree to separate, then you can file for a Mutual Divorce.

But in case nothing else works, you can file for divorce on the grounds of cruelty. But beware, these contested divorces can take a heavy toll on you mental health, and takes ages to finalize.

All the Best

Divya Srivastava
Advocate, Mumbai
19 Answers
2 Consultations

5.0 on 5.0

You should collect all the material evidence which can support your claim that your wife is cruel and has abused you and your parents, colleagues etc to such an extent that not only it has taken a toll on your life but also on others as well. Based on those relevant evidences you can move before the family court to seek divorce from your wife on the ground of cruelty.

Your case for divorce will come before either of these mentioned places -

1. Where your marriage was solemnized, or

2. Where your wife is currently residing, or

3. Where you and your wife last resided as a married couple.

For e.g. if your marriage was solemnized from Bangalore, your wife is currently residing at Kolkata and you and your wife last resided as a couple in New Delhi then you can bring the case of divorce from any of these places i.e. Bangalore, Kolkata and New Delhi.

On the name of evidences following things may help your case -

1. Any eye witness to these situation who is ready to come to court and verify it,

2. Any sms, messages sent through social media applications (Hike, Whatsapp etc) which showcase her abusive and insensitive nature,

3. Audio recording of any phone calls wherein she has abused you or others associated to you and has shown her insensitive nature,

4. Video recording of any such event which shows her above mentioned character,

5. Any letter, legal notices etc mailed to you from her side in that regard etc

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

From your narration it appears that she is not in normal senses and is in some mental related issues or too immature to understand things.

But her cruel acts like physical and mental abuses depicts that she is not the kind to match you in the married life in the given circumstances.

You may either take her to a marriage counselor , get counseled, if she refuses to accompany you then to decide about quitting this married life either by a mutual consent divorce or by a contested divorce filed by you on the grounds of cruelty.

You may discuss with an advocate in person or over phone on all such further issues.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You need to file a divorce on grounds of cruelty against her.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

The time has ripened to apply for divorce. If you could send me full particulars I can prepare a Divorce Petition or approach any competent lawyer and file divorce but first try for mutual divorce in order to avoid ugly things of facing criminal proceedings. Pay something and get rid of her

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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