File for divorce on grounds of mental cruelty
2) wife abusing husband and mother in law amounts to mental cruelty
3) wife physically assaulting husband amounts to mental cruelty
Want to get divorce from my wife
Hi , myself Post graduate student in medicine, I got married one and a half year back . In my family i have a dependent mother who is suffering from advance stage of Alzhimers ( a type of dementia in which patient does not have any memory or orientation for time , place and at times person also, dont remember anything even the way to home or even washroom at home) , and I love her very much, my father expired long back and also i am the only child of my parents. I loved my wife also a lot , but soon after marriage i realized her violent abusive agressive behaviour. In Medicine as a resident student we have extremely hectic hours on an average 96 per week. We live in a small government 1 bhk flat which is barely sufficient for three of us.Since biggening only she use to get angry on very small small things , used to shout a lot , also used to beat me up frequently , my poor mother tried her level best to calm her down but she also started misbehaving with her like shouting at her and saying bad words( even in public) clarifying it as she did it because my mother took my side and we two are a team. I m fighting hard with my mothers illness to get her some confidence to live. Its not possible for me first of all seeing her the victim of her anger repeatedly. The way she shouts yell, and even the physical injuries that i get of her that too after i come home after 36 hours continuous duty at hospital to report again the next morning , Is xtremely painful mentaly and emotionaly. This is happening continuously with me since almost one and half year. I tried to change her in all this time with the maximum love i could give , mentaly emotionaly financialy in all sorts. I tried multiple times to contact her parents regarding this issue, but in advance she always had portrayed the exect opposite to them. For them i am the main culprit who had made her daughter so upset. I have came to a breaking point now her yelling and abusing attitude verbaly and physically is crossing all limits towards me and also at times to my mother. Tell me what can be done.
Asked 6 years ago in Family Law
Religion: Hindu
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17 Answers
Hi
For all the description you gave here I would advise you to file a divorce case under 13A HMA.
Also get an application filed from the side of your mother against her for harassing her continuously. This application from your mother will be filed with the local SDM office under Maintenance and Welfare of Senior citizen and parents act.
Thank You
1) Try to convince her the current situation with mediation or counselor who will help you both to patch up in your marriage life. Otherwise you can go for divorce on cruelty ground.
Hello,
These are sufficient grounds to file a case of divorce on the ground of mental cruelty under section 13 of the Hindu Marriage Act.
Get in touch with a lawyer and file a suit for divorce.
Regards
See if there is physical violence and abuse by her register a complaint against her with the evidence of such violence and abuse.
Further file for a divorce on ground of cruelty against her on ground of mental and physical cruelty against you and your mother. Obtain necessary evidence of same and witnesses like neighbours and other people around. A divorce petition under section 13 of hindu marriage act on ground of cruelty can be filed.
Further if there is chance of mutual divorce between you and your wife if she agrees to divorce amicable then it would be the best option other wise as mentioned above it has to be contested on ground of cruelty.
See when you will initiate the divorce proceedings there might be chance she can file false cases of domestic violence and dowry for that to defend yourself having some basic evidence to defend is better,
You can file a complaint to the police for physical abuse meted to you and your mother by your wife, enclosing the evidences to support the same.
You can file for contested divorce on grounds of cruelty against you and your ailing mother as such actions of your wife as described by you definitely amounts to cruelty against husband and mother in law.
Your mother can also file a complaint under Maintenance and Welfare of Senior Citizen and Parents act against your wife.
Dear Concern,
Please take note -
1. I would advise you to seek help of any counselor before taking extreme steps in this relationship. Maybe there is something which is bothering your wife a lot but you are unable to understand it. I have seen a lot of cases coming before the court and majority of them end up before the court due to misunderstanding or non-communication in between the parties or due to trivial issues of differences in between the parties which none of the parties were ever able to explain to the other one.
A. It is possible that she is unable to cope up with the hard timing schedules which she is facing in her job.
B. It is also possible that she has never been into this sort of situation wherein she is asked to live in a small house with a person who is suffering with Alzhimers and do not knows how to behave in this situation or to tackle it and out of frustration she is behaving like this.
C. It is also possible that she had high dreams from her marriage and that has not been fulfilled.
One good sitting involving someone who is neutral to both of you may help you to resolve the persisting issues.
2. But if you think that your wife is actually cruel, narcissist and nagging person and that is her innate nature and nothing will change in her despite giving a sitting with a counselor then you should file for divorce on the ground of cruelty without wasting any further time in this relationship.
Dear,
- If your wife is also ready to take divorce from you, then file mutual divorce petition
in court. With in a year you both are free.
- In another case, if she is not ready then, If your wife is adamant in troubling you the
option is to initiate procedure from your side. You can file a divorce on ground of cruelty
after one year of your marriage.
You need to file the divorce petition on the ground of mental cruelty against her in the court of law with the hlp of any local good advocate.
Next time if any incident like this occurs you need to call police first and report the incident to police in writing.
Let the police warn her for her behaviour words you and your mother and in case it is not improved you need to go for divorce petition send her back to her parents and file the petition on the basis of cruelity misbehavior and non compatibility.
But will befour please try to console her as you are a doctor to improve our behaviour as you have very small family very small house could be a problem to get adjust in and if possible please arrange better accommodation with better facilities
If her behavior is becoming intolerable and she seems to be out of control or has scant respect for your mother or you or ven for the married life, you may decide to make a call accordingly.
It is not necessary that you have endure all her cruelties and humiliations for the sake of saving your marriage, at least not at the cost of your mother's life and health.
If you plan to file a contested divorce case on her on the grounds of cruelty, she may, as a retaliation, lodge false criminal complaints on cruelty and dowry harassment agaisnt you, your mother and any other close relatives.
At that time you may obtain AB and then challenge her false claims in the trial court.
She may even file a DV case and maintenance case, you can challenge them also as per law.
Thanks a lot sir, Is there any way or any precaution or any form of work up that i can do now to prevent myself against the false alligations which she might charge as a retelliation on filing a divorce case against her. Regards...
Asked 6 years ago
Dear,
In Indian law, law itself gives so many powers to women, now women use this as a weapon
against husband and his family.
First you are filing a case, then after filing, wife has to prove her allegation in court
herself.
In the meantime court heard both parties and grant so many orders, like maintenance,
child custody extra.
To avoid being arrested by police you may obtain anticipatory bail (AB) ion advance when you are summoned by police for inquiry on the basis of her complaint before them.
She may insist and influence police by greasing their palms to avenge you by compelling them to arrest you on the basis of her false complaints.
You have to be careful about ths especially when you ar summoned by the police.
You can doidge the police saying that you are out of station and would not be able to appear before them immediately ion the said date,
In the meantime you may consult an advocate in the local and obtain anticipatory bail afterwhich you can attend the inquiry session before police, which would be a very safe situation to you.
Before you file case get in touch with local lawyer
2) you need documentary evidence to prove allegations of mental cruelty
3) e-mails , messages will help you in making out a case
To counter her claim and to cancel her allegations you can file caveat before the court for all other civil cases which will arise out of the fact that you have moved before the court for divorce. The caveat in your case would be for Maintenance application as there are no child out of your wedlock.
You can also bring up a criminal complaint before the local police station and based on that complaint you can move before the court under section 39 of CrPC filing an informatory application stating all your grievances and the point that your wife may come up before the court with false and frivolous criminal application. Filing an informatory application will safeguard you from all criminal cases which your wife may bring up against you.
However, remember these are all precautionary measures if there is something which your wife can allege and later on proof with some evidences then no matter what all criminal case (dowry, mental harassment, cheating, domestic violence) and civil case (maintenance) are bound to come up against you.So be patient and don't panic. This is a court matter it will take some time but at the end of the day you will get what you want from the court. And don't worry despite these cases coming against you, you are not going to jail.
See keeping record of various messages mail vedio her behaviour, her threats may help.
Also you can file a complaint against her first and can peruse police to take action. Further the best thing would be if both agree for mutual divorce.
1) For precaution you have to than file RCR case against her or keep ready a lawyer for anticipatory bail. As you don't know what type of examples may run in your wife's mind. After this you can file for MCD or normal divorce in the court.