• Divorce

I was married in march 2017. Immediately after marriage from first day itself,my wife started torturing me and refused to be physical for first 5 days.when I told about this to my family she made a issue out of it and her family was called to sort it out.matter got solved and she left to her home.I did job in Mumbai. Then she came to honeymoon unwillingly on behest of her family and remained aloof ...though sexual relation was done twice...at my insistence just for formality.Then again she went to her home.she does job near her parents home.before marriage it was decided she will leave job and search job near me...but just after marriage she refused and said I can only come for 4 days in 2 months. She said I have my future...and on our insisting she turned hostile and refused to come and live with me. Till now she lived for 16 days with me...and does sex with protection...she didn't want to be pregnant.On 29 Sept by efforts of her family she came and drank lizol next day...I have hospital reports ...and went back to her home ....so that neither we call her nor her parents send her....she is very cruel and rude and talked I'll to my parents.I am going to file divorce in march...they are not talking at all...after that incident...please guide me
Asked 4 years ago in Family Law
Religion: Hindu

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24 Answers

1) You should have complaint first this with Police in Police station, that your wife is attempting to suicide, for better safety side of yourself and narrate all above thing what you have mentioned here.

2) For better marriage life of yours, try to do counselling of her with good Doctor and marriage counsellor and lets see what their reports come out.

3) on those report based you can take confirm decision, if you souls live with her or not.

Means to file Divorce or Judicial Separation or Mutual Consent Divorce.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Divorce by mutual consent is best option

2) if wife refuses then file for divorce on grounds of mental cruelty

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

4) wife abusing husband and in laws amounts to mental cruelty

5) wife refusing to have sex amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for

 Adultery

 Deserting the spouse for two or more years

 Physical or mental cruelty

 Conversion to another religion in case of religious marriage

 Incurable disease such as leprosy, venereal disease in a communicable form

 Insanity, unsound mind or mental disorder

 Renounced the world by entering any religious order in case of religious marriage

 Unheard of as being living for a period of seven years or more

In your case sufficient cruelty can plead for divorce. The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty. What is cruelty in one case may not amount to cruelty in other case.The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse.

Wife refusing to have sex with husband without any sufficient reasons which can be considered as a ground of cruelty and husband can file a divorce petition.Conduct and misbehavior of the wife against husband i.e. pressuring husband to leave his home, insisting for the separate residence, mentally torture and disrespectful behavior towards husband and in-laws as well.Cruel behavior of wife where wife tearing the shirt of the husband, refusing to cook food properly or on time and breaking of the mangalsutra in the presence of husband’s relatives.

So file a divorce case after march 2018

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. Her refusal to have sex with you or to lead a normal marita life does not appear to be usual for a newly wed bride.

2.It appears she may have some problem which needs to be knownfirst.

3. Talk to her in person or take her to holiday trip and try to find out the reaosn.

4.To normalise the marriage it is essential to know her actual intention.

5.If still you find her to be reluctant to lead a married life with you then ask for mutual divorce as in this way no marriage can survive.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If you have decided to file a petition for dissolution of marriage then go ahead and do it. The conduct of your spouse amounts to mental cruelty which is a ground for divorce.

2. Be prepared to face 498A and DV cases in return. Apply for anticipatory bail as and when the case is filed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Sir, if your wife agrees as she is not willing to stay with you than you can file a divorce on ground of.mutual consent. This will be fast and amicable way of getting divorce.

In case she.doesnot agrees.for.mutual.divorce then you can file a divorce under section 13 HMA on ground of cruelty. The stress you are going through not having proper physical life amounts to mental creulty.

Also you can file complaint regarding the incident of her lizol.drinking to local police authorities with enclosed hospital report stating story so that once when you file.divorce.she can file.false domestic violence or other case so you have defence for that.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If she too is ready for divorce, which looks like to be the case, both of you may apply for divorce by mutual consent.

The whole process of mutual consent divorce will take about 6 months and this is the most expeditious and hassle free mode of separation.

In case she is not ready mutual divorce or places unreasonable conditions for mutual consent divorce, you may contest a divorce case against her on the ground of cruelty. Denial of sex in itself amounts to cruelty. Thus, even if you have to contest a divorce case against her, you have great chances to succeed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi,

If you wish you may file a petition for Restoration of conjugal rights under section 9 of the Hindu Marriage Act in case you don't turn up after the court orders you may file a petition for separation and after that you may go for divorce petition to get out of this relationship

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

With in one year from the date of marriage divorce can not be granted however you can file petition for restitution of Conjugal Rights before the Honourable Family court. If she refuse to obey the order or refuse to come to court, you can file petition for divorce.

Rajashekar
Advocate, Bangalore
584 Answers
4 Consultations

4.8 on 5.0

Hello,

You may file divorce or even restitution of conjugal rights at sub court or family court in your area. If you file divorce you may file it on cruelty ground and clearly mention that she was not ready to live with you and asks wanted to be with her family and she is insisting thou to come to her home. Also mention that she is making nonsense that she is threatening that she will file false allegations against you and your family on Dowry, domestic violence case in your divorce petition.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

Hello,

You can file divorce in March only and you have all the grounds to do the same.

till then you may send her a legal notice, thereupon calling her to stay with you to conduct her matrimonial obligations.

It is advised that you collect evidences for such incidents and thereafter file divorce on the ground of cruelty as per section 13 of the Hindu Marriage Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello sir , it is advisable to file divorce on the grounds of physical and mental cruelty .. Refusal to have intimate relationship is considerd to be a mental cruelty

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Please file divorce under ground 13(1)a of Hindu marriage act ie cruelty. Keep all records with you to prove that she caused mental torture and submit same to court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Try to file Divorce without mutual consent and sort it out. If not possible file a contested divorce in grounds of cruelty.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

If she is not comfortable in this marriage you cannot force her to live with you against her wishes.

Also, even being husband, you cannot force her for sexual relationship against her willingness.

As she is ready for divorce, you can ask her to give mutual consent divorce so that you can part with each other peacefully.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Yes you need to file the divorce petition on he grounds of mental cruelty against her in the court of law with the help of any local good advocate.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

When you have taken a decision to file for divorce please let us know what guidance you need.

You can collect all evidence.

You can file for divorce on the grounds of cruelty.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

Wife can file false case of dowry harassment

2) contested divorce cases take 5 years to be disposed of

3) you have to prove allegations made in divorce petition

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. She can file for 498a but you can file AB and for quashing the FIR that it is on false grounds.

2. Politics won't help her you can procedurally go for divorce.

3. Yes these evidences will help.

4.blamimg is not enough they need proof.

5. You will.get divorce on your evidences and ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. If you file divorce against her, in retaliation she may lodge criminal complaint on false allegations, but that should not deter your determination.

2. Political clout cannot influence the court case, they may try to put pressure on you externally through some other mode to force you to withdraw the case.

3. keep them secured.

4. Then you can go ahead as per your decision.

6. It depends on how you prosecute and argue the case strongly in the court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Yes, it is always open to her to file a false and fabricated 498a case against you.

2. Can't be sajd.

3. Should work.

4. Apply for a divorce.

5. Go ahead and file a divorce petition.

You've decent chance to succeed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Generally women file 498a ipc and domestic voilence to harass husband. Court proceedings takes its own time political clout has nothing to do with court. You can use that as evidence in divorce as well as false cases if any filed against you from your wife's side. You will get Divorce.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

1. If she files 498A, then get the same dismissed from the HC on the ground that the same has been filed as an afterthought.

2. Engage a good lawyer.

Chances are high that you will get a divorce on the ground of cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please note medical bills can be used as proof to prove mental cruelty. Once you file divorce even if she files dowry harassment case you can easily get anticipatory bail. Thirdly no matter how much influential she is courts won't bow to any pressure unless judge has personal interest. You can easily claim divorce on ground of mental cruelty.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

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