File for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) wife abusing mother in law amounts to mental cruelty

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

5) in case wife files any false dowry harassment case apply for and obtain Anticipatory bail from sessions court

Instead of a divorce, I will advise you to file a case for restitution of conjugal rights since you have been deserted and abandoned by your wife without any just and sufficient cause.

Do not be the first one to file a divorce as this may worsen things further and your wife as a counter blast may file frivolous cases against you.

Hello,

Any divorce can be filed by you after 1 year of the marriage.

Also note that you do not have sufficient grounds to file a good divorce case at this juncture.

Instead I would advise you to talk to your wife and file a case of mutual consent divorce, and take divorce thereupon.

Regards

Sir, you can file a restitution of conjugal right application and court shall try to mediate in your issue and if the both the parties settle and arrive on compromise may be there is something about marriage can be done and there shall be a defence if in case future she files false cases on you that you treated her badly.

you can give a try if the restitution fails and you both donot agree than you can file a divorce based on this if she agrees than mutually or on ground of cruelty under section 13 hindu marriage act.

in my advise you should give a last try to your marriage.

I have come across many cases like this. I can understand your problem. It is unfortunate that you cannot live a happy married life. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. Marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, commitment, understanding, friendship and faith in your relationship to make it last. Moreover a relationship without trust is like a car without gas, you can stay in it all you want, but it won't go anywhere.

I’ll suggest you to go to a Counselor in Maharashtra who can talk to both of you with his/her level of expertise and experience to determine the real cause of issue. Hopefully that will clear your mind, either convince you to give your marriage another try, or at least open her eyes to the fact there no point flogging a dead horse.

Please understand that desertion by wife without any reason amounts to mental cruelty. You have a right to live your life with peace and with happiness. If you have decided to file for divorce then think in that direction. You have two options to file for divorce-

1. You can file for mutual divorce. Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce, it is the quickest form of divorce in India.

2. You can file for contested divorce in the family court if wife is not agreeing for divorce on the ground of desertion by wife and mental cruelty.

As you said that you wife left the house so you can file a RCR petition. Restitution of Conjugal Right(RCR) means right to stay together. If the wife, without reasonable excuses, withdraws from the society of the other, the husband may approach the Court for restitution of conjugal right.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

1) Try to take help of family counselor with you & her. See want counselor suggests for the act happened till date.

2) Than accordingly to his output you can proceed further to go for divorce or judicial separation.

3) The bonding should be there between husband and wife in their marital life.

1. The situation is notat all conducive for happy marital life which is further worsened by her demand for money and apathy to lead normal married life.

2. So its advisable that you dissolve this marriage so both of you can move on in life.

3. Since contested divorce suit takes time its prudent that you negotiate with her so she agrees for mutual divorce.

Sir you have two options either you can file for restitution of conjugal rights under section 9 of Hindu marriage act if you want your wife to come and stay with you or else file for divorce under section 13(1)(a) of Hindu marriage act under ground of cruelty.

Hi

As per your description there is a knot in your marital relation which is very difficult to sort out.

Go for a divorce case if you are sure about separation and if you want to give some more chance to your wife then file a section 9 RCR petition under hindu marriage act.

If she will refuse to come to your home under the RCR petition then you have one more additional ground for divorce.

Thank You

If you wish to stay in the marriage talk clearly and hint that you may take the decision for the divorce if things not improve or change. You have the responsibility towards your parents and you need to balance both.

As you are completing one year in April and six month of separation in June 18 you may send a notice to her and file Restoration of conjugal rights under section 9 .

Failing which you may go for the divorce petition.

Hello Good Evening ,

From your words it can be presumed that you don't want to live with her , that means , you want dissolution of marriage .

File a case for divorce on the ground of desertion .

Moreover she wants to know the financial situation so that she can file a maintenance petition and claim a good amount by showing the court your exact income.

Hope this helps.

Please feel free to contact me if you have any other queries .

Regards.

Dear Querist

first of you should think about to save this marriage and try to reconciliation.

If not possible then you have right to file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955.

but if she is not earning then she may be file maintenance case against you and claim maintenance which can granted 1/3 of your income as her maintenance.

she may also file a domestic violence case against you before the magistrate court under section 12 of Protection of Women From domestic violence Act-2005 and claim protection, right to residence, maintenance, compensation under section 18,19,20 & 22 of the Act-2005.

She may also file the false case of dowry demand against you and your family before police or court.

if she wants to live with you then she may file a petition for restitution of conjugal rights U/s 9 of Hindu Marriage Act-1955 before the Family Court.

all the above cases, she may file in her native place and you have to appear before those courts.

Feel Free to call

- Matrimonial relation cannot continue conditionally and after reading your submissions, it clear that she wanted to continue with you conditionally and further it amounts to cruelty as well.

- Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

- Other side ,she is not interested to live with you and that is the reason you have no contacts with her since last three months. It means she has deserted you without any rhyme and reasons.

- If , one spouse deserting the other without reasonable cause is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. But as per Hindu laws, the desertion should have lasted at least two continuous years.

- If, you want to continue your matrimonial life and dont want to divorce her , then you should send a notice/legal notice to her for joining the matrimonial life within 10 days of time.

- If , even after receiving the notice , she not prefer to come to you , then you should file a petition for Conjugal Rights before the court.

- If,she not appeared before the court, then you will get ex-parte order against her and this Order will save you in the cases filed by her like maintenance etc.

- Otherwise , as you have already completed the one year period , you can proceed for Divorce on the above ground as well.

1. It appears that you have not gelled well in your marriage.

2. Decide what do you want to do with your present matrimonial relationship with your wife.

3. Do you want to continue it or want to terminate it considering the fact that marriage is tye 2nd most stressful event in one's life.

4. If you decide to terminate the relationship, then negotiate with her for jointly filing mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

5. If she refuses to sign the MCD petition, file a divorce petition on the ground of cruelty before the Court.

6. Meantime collect evidence of her cruel acts by audio/video recording her such conversations.

7. After you file the divorce suit, stay ready to face her retaliatory police complaint which might be filed u/s498A of IPC alleging dowry harassment against you.

This appears to be a development due to trivial issues.

Dont allow these petty things to dominate your marital life causing miseries and depression.

She cannot remain like this without any attachment or feeling on you forever.

If she is not responding to any effort taken by you, then you remain silent for another six months.

You can take a decision about continuing the married life after six months, this intermittent period will certainly provide some solution or result to the ongoing matrimonial crisis.

If you feel that there is even a little scope of your marriage being saved, you can either approach the elders of the family to intervene in the matter or you can go for marriage counselling. If however there is no scope, you can file for Divorce after April, 2018 on the ground of cruelty.

You need to file the divorce petition on the ground of mental cruelty against her in the court of law with the help of any local good advocate

You can file Divorce against her in family court. If she is willing you can go for mutual consent Divorce

If wife has deserted you fir continuous period of 2 years and refuses to retouch to her matrimonial Home you can file fir divorce on grounds of mental cruelty and desertion

2)if wife is not working she is entitled to alimony

3) if there is substantial differences in income then also court would award her maintenance

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

There is no auto separation a divorce can be claimed on ground of desertion if more than 2 years also a divorce can be seeked on mental cruelty like staying separately or not allowing to stay with parents etc.

A well educated and qualified wife is not entitled to alimony and maintenance there are judgmeents from Supreme Court and various high court.

According to SC 25 % amount of salary of husband is just and fair for maintenance.

it usually takes 2-3 years in contested divorce or sometimes based on case and court.

If she is not agreeing for mutual consent divorce you have no option than to file a contested divorce on the grounds of cruelty.

For the divorce on the grounds of desertion she should have abandoned the matrimonial home without any valid reason and the separation should be more than two years preceding the date of this petition seeking divorce.

There is no system called auto divorce.

If you want to dissolve your marriage by a decree of divorce then you have to visit court and observe all the formalities that are stipulated in law for the purpose.

As far as the maintenance amount is concerned, it is her burden to prove your income with substantial evidence which you can always defend on the basis of supporting documents in your side.

The quantum of maintenance will depend on how you defend including her capability to earn and and her qualifications etc, put together, since you dont have children out of your marriage, considering all the facts the court at the maximum may grant 1/4th of your take home salary, that too only if you are not able to defend your interest properly.

The maintenance aspect can be decided afterwards, now you have to bother about the present crisis, i.e., whether to continue the marital life with her anymore or not.

1. There is no provision of 'Auto Divorce' as per Indian law.

2. You can file divorce suit after two years of her desertion on the ground of desertion and can file the divorce suit after one year of marriage if the ground for seeking divorce is cruelty on her part.

3. Employed wife is not entitled to maintenance. However, in case the wife is unable to earn through her employment adequately to maintain herself as per the standard of her husband then the Court might direct the husband to pay maintenance amount which might be 1/3rd to 1/4th of his net monthly earning less the gross monthly amount earned by his wife. The amount to be ordered is not fixed and dependent on the decision of the Judge.

4. Divorce suit might take time any where between about 2 to 5 years depending on the alertness of your Advocate.

Minimum time taken to settle a divorce case is two years you are bound to give her litigation expenses and maintenance in case she files an application at least interim maintenance you are bound to give 1/3rd of your salary. So you need to deny that you are earning the salary as mentioned by her while filing objection for her application. Cost of litigation depends on lawyer you appoint.

You can't file under desertion till 2 years expired from day desertion as such you need to fIle for divorce under cruelty.

Yes you may have to give maintenance to her if court directs. There is no fixed percentage of salary but it may be 1/3. Divorce may take almost 2 years approx but the said period can vary according to court hearing and adjournments.

There is no procedure of auto divorce.

However if she does not come back for 2 years then a case can be filed on the ground of dessertion.

It will take 1-2 years and since she is qualified you will not have to give much alimony.

Regards

You first appear before court on the date of hearing .

Express that you have no objection to this petition and are filing a counter claim for divorce.

You should file detailed reply denying the allegations against you

2) mention that you are willing to stay with her if she withdraws false and defamatory statements made against you and your parents

3) that you apprehend if she returns she would file false cases against you and family members

4) in alternative file fir divorce on grounds of mental cruelty

As already stated you can file Divorce and If she files ant false case you can contest the same.

1. It is clear that he is under legal guidance for which she has sent the said notice.

2. Evidence from your side proving that she acted cruelly will be of very much help for you to defend you in the RCR case filed by her.

3. Contest the RCR case filed by her fittingly.

4. Lodge a police complaint alleging that she has left you on her own accord and is demanding huge money with the threat that sh will lodge false dowry harassment case u/s498A of IPC if her illogical demand like abandoning your old parents are not met.

They can not force you to keep her.

Even, if the rcr decree is passed then also you can refrain from taking her back.

Regards

Court can award wife around Rs 25000 as maintenance 

2) if wife inspite of RCR decree refuses to stay with husband for period of one year husband can file for divorce 

3) you can challenge other of high interim maintenance awarded by court 

4) you can file for divorce on grounds of mental cruelty and desertion 

It's disretion. You may get interim maintenance. 

You need to send her notice she cannot do so. You can also request for exparte order if she comes early. You can also appeal in high court you can also includes desertion in parents. 

1. Approximately 1/3 of the salary. 

2. File a contested divorce. 

3. If the order of maintenance is high and unreasonable then you may challenge the said order before the HC

4. File a contested case of divorce, thereafter. 

Regards  

1. In the poresent case, the petitioner is not entitled to any maintenance from her husband ssince he has agreed to take her to his house and cohabit. Moreover, she is also highly qualified having passed inter CA examination.

2. Contest the RCR petition filed by her fittingly.

3. Contest the ad-interim petition fittingly and in case of receiving adverse order, challenge theb  same before the Appellate Court.

4. You can file a divorce suit on the ground of desertion after two years from the date of her deserting you.