• About divorce

Hii, I have married in Feb 2017.and now within few days it will complete 1 year but my wife is leaving in her home from last 10 months. After the marriage of fifteen day later , she is not supporting to me and my family and she don't know how to make relation and at the same time , we have done consulting from marriage counselor , during the period of counselor session , she is not responding to doctor also. As a result , doctor told us you have take divorced because she is not matured and she has some psycho problem. After few days later , my family tried to take divorced mutual understanding but her family is not supporting. We have taken 2 - 3 meeting at her home , at that time , she told I am thinking anyone of my family and my husband . I want to live independent. So , I want support from your experience , on which point I can take divorced safely ?
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

Hello,

All these things on her part amount to mental cruelty and you can take divorce on the said ground. File a petition on the ground of cruelity as per section 13 of the Hindu Marriage Act.

File the same after one year of marriage.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Why unnecessarily waiting for her. You will get divorce immediately on the ground of DESERTION. i will draft a Legal Notice for you and draft Divorce petition. I am retired Judge and you get service from me. The word desertion is defined as under: Please call me.

Concept and elements of desertion

Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: “The expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly”. There are mainly four basic elements which are primarily to be satisfied to constitute desertion. The first two are to be present in the deserting spouse.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Sir if she's not ready to live with you you have two options to fIle for conjugal rights and if she refuses to stay you can claim divorce but it's lengthy procedure. Other ground can be on cruelty mental cruelty you can seek divorce. But again you should have some proof regarding her mental ill health.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

In my view you should go by way of first giving restitution notice if she donot turn up (which she will not as ur problem suggest) then file for restitution of conjugal rights in family court. There shall be mediation from court end which if there nothing between you.will ultimately be futile . Then file.for.divorce by gng this procedure you will be safe in case some complaints or case are filed on you.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) If her parents are not ready for Mutual Consent Divorce than go for Judicial Separation that will better for you and you can start your new family life.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

First of all Doctor's job is to treat his patient and not to suggest people take divorce. If at all you are not successful in taking mutual divorce you may file a divorce petition in Court on grounds of mental illness. You will get the divorce but after fighting a time taking legal battle. Keep in mind before filing for divorce that you will have to give her maintenance if she files for alimony.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

You can opt for ground of cruelty and seek divorce.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Simply, you can take divorce on the ground of desertion, but for that also you will have to wait for one more year as time limit minimum is 2 years.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

File fir divorce on grounds of mental cruelty

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

3) divorce by mutual consent is best option

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Respected sir...

It's upto you what you want to do because it's your own life you have to make your mind clear weather you want to take divorce or want to be with her ...Sir you can file a petition under section 13-A of HMA seeking divorce decree without mutual consent...Sir there are number of grounds on which you can take divorce but you have to collect evidence that can support your petition.. Ground for divorce are .

1-adultery

2-cruelty

3-desertion

4-conversion

5-unsound mind

6-schizohrenia

7-venereal disease of communicable nature..

Sir collect evidence that will prove any of point above mentioned and sir file the petition with supporting evidence..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1. Well, for whatever reason she does not seem to be ready for passing paritallife with you normally.

2.If she has psychological problem then the problem would not be resolved anytime soon.

3. So talk to them and ask for mutual divorce on payment of permanent alimony as divorce without any money may not be agreeable to them at all.

4.If they still does not agree then you will have to file suit for contested divorce which takes lot of time and she may file criminal cases in retaliation also.

5. if she files 498A case there is nothing to worry as in such cases you should get bail very easily.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have only point that is mental cruelty on the basis of which you can ask before the court for decree of divorce.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If your marriage was not consummated then you may file a petition seeking to annul the marriage within one year from the date of marriage or from the date of knowledge.

You can state that she is impotent in the annulment petition.

Dont wait for one year period and also for her willingness for mutual consent divorce

You have to swing into action immediately without further delay

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Apply for divorce on the ground of mental divorce.

Approach the Family Court to file a divorce petition.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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