• Need to apply for contested Divorce - its been 39 years of marriage (Hindu Marriage)

I would like to know the procedure and paper work required to apply for a contested Divorce. 
Its been 39 years now married and going through hell all these time. Now at the age of 63 cannot take any more and want to give up. I was very healthy and energetic with regular fitness tasks. From past recent I have going to deep depression and severe health issues due to the torture and brutality of my wife. I am forced to stay away from my family (Mother, Brothers and Sisters) from several years and now being forced to stay away from my children as well. This is creating lot of lowliness and I am feeling unsecured. 
I have now decided to divorce this lady and live a peacefully in rest of my life with my children. My Children are very supportive and take care of me to the best possible way. 

Iam looking for suggestions to overcome from this mental trauma.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu

Dear Cleitn,

File divorce petition taking ground of cruelty and other grounds. Hire some divorce lawyer, rest he will manage.

Also read Judgement Below  -

Forcing Husband To Stay Away From His Parents Amounts To Cruelty: Bombay HC [Read Judgment]...

Yogendra Singh Rajawat
Advocate, Jaipur
18592 Answers
22 Consultations

4.6 on 5.0

You need to file the divorce petition on the 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

Hello sir , you can file a Divorce on the grounds of mental cruelty .. If she agree for divorce too, you both can file a mutual divorce petition under section 13B of Hindu marriage act

Hemant Chaudhary
Advocate, Gurgaon
4461 Answers
34 Consultations

4.9 on 5.0

File for divorce on grounds of mental cruelty

2) wife forcing husband to stay separate from parents and siblings amounts to mental cruelty

3) contested divorce proceedings take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
74627 Answers
4464 Consultations

5.0 on 5.0

Quite Unfortunate!

At this age, don't suffer further by undergoing gruelling court hearings. Those who intend to separate have plans to remarry, hence a dissolution of marriage is imperative. In your case, don't think you have plans to remarry. This is the age where you have to enjoy the utmost peace within, therefore, keep away from your family for sometime, things may change.

Rajaganapathy Ganesan
Advocate, Chennai
1711 Answers
8 Consultations

4.9 on 5.0

Dear Sir,

At the age of 63 years you want divorce from your wife, whereas in this age people search or live with his or her partner happily. Best way why don't you try to go for small picnics or visiting holy places for pilgrimage etc., try to talk openly in front of all members that what your wife needs exactly. In this age it won't look good to go for divorce. Rather I will suggest to go for counseling of your wife. So the problem can be solved.

Stay healthy live happily!!!!!

Ganesh Kadam
Advocate, Pune
9724 Answers
80 Consultations

4.9 on 5.0

1. If there is instances of mental cruelty like constant tortures, quarreling and atrocities then on the ground of mental cruelty

2. However such allegations needs to be proved first after which only the court grants decree of divorce.

3.Only for the purpose of staying separately from your wife you need not apply or for getting divorce.

4. Without source also one can stay separately from his wife for the rests of his life.

So decide accordingly.

Devajyoti Barman
Advocate, Kolkata
19622 Answers
278 Consultations

5.0 on 5.0

File a divorce case in the Family Court.

Contest your divorce on the ground of mental cruelty.

Contact a local lawyer so that he may draft a divorce petition for you and file it in the Court.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

There are two ways to do this either you go for the divorce and run in the court to get divorce or you just live separately I live your peaceful life by an agreement with your wife at this stage of life the divorce petition is not advisable at all better you go and get some consensus in the family to live separately and peacefully.

At least by this you will not regret your decision in future.

Ultimately this is your life and if you decide to go alone then any local lawyer may help you.

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Hello,

You may go ahead and apply for divorce on the ground of mental cruelty.

the same will be filed under section 13 of the Hindu Marriage Act.

Contact a local lawyer who may draft and file the same for you.

Talk to your wife before filing the same for mutual divorce, if she agrees for the same then the same will be better for you.

regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

Sir you have two options for divorce

Firstly the fast way is to get divorce is by mutual consent of your wife, if she agrees you both decide terms of divorce then take a divorce jointly. I think this will be difficult in your case she will not agree So, file for a divorce on ground of cruelty in family court. The mental trauma and cruelty you suffer can be ground of divorce and you need to prove it like keeping away from.children parents etc.

The case needs to be contested and takes time to get decree of divorce.

Shubham Jhajharia
Advocate, Ahmedabad
24367 Answers
96 Consultations

5.0 on 5.0

if is not possible to same the marriage at this stage that go for the divorce or judicial separation

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Dear Sir,

Procedure for Divorce by younger’s and Senior Citizen is one and the same. You may file divorce case on the grounds of desertion and cruelty. The relevant procedure is below. For more details please come to my office in person in Bengaluru City.

Contested Divorce

As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.

Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5298 Answers
172 Consultations

5.0 on 5.0

You have two options, the first being filing a petition for judicial separation under section 10 of HMA and the second option being filing a petition under section 13 of HMA seeking dissolution of marriage by a decree of divorce on the grounds of cruelty.

For the second option you may have to plead with the incidences chronologically depicting the hardships and worst time you were made to face and her cruelties agaisnt you on several occasions.

You can make the pleadings in such a way convincing the court that you dont have to put extra efforts to prove them on strict proofs before court.

You can discuss with a local advocate at length and decide further course of action on this.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

Hi,

You are on right track, best wishes

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

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