• Wife's cruelty

Kindly give best advice for divorce case filling on wifes cruelty ground, circumstances is as below.
1. My arrange marriage was solemnized by Hindu rites in 2004 in farrukhabad in U.P and wifes native place is kanpur without any Dowry and any gifts. i hv two son 11 year and 12 year. i live in delhi.
2 since marriage,wife's behavior was not goods to all our family members.and she mostly wanted to live with her father, her father usually had taken to her with him. her intention was that i leave my family member and live with her and allow her what she wanted, I was not in favor to allow her to stay at her father's home frequently, when we had objected these activity, she and her father started misbehaved to us and our family. her father was interested only to her and expected from me that i give all financial belonging to her.but when i hv not done according to them for three or four years , her father had made a situation and called to our father that her brother has got accident so come to kanpur with my wife imdtly, my father was imdtly gone to kanpur with my wife but after reaching there it was came to notice that accident information was wrong, after two days, my father has gone to her home and asked her father to send the daughter in law with him to delhi, her father refused to send her and used bad language to my family members and tried to implicate forge police case against my family members, that time i was not there. my father had come without taken to her.
4.after five days , she had filled 125 at her native place at kanpur in 2008 but thay hadn't told us about case, notice was served after nine month from the date of filling the case. then we had filled sec 9 ay my native place Farrukhabad in U.P. 
5.sec 9 was in process and taken two years for all these circumstances, in january 2010, i had gone for hearing in sec 9 case, after hearing,judge had advised us live together for some time and advice me to take her back to Delhi, so i was planning to come delhi after hearing sec 9 date, in the evening of the same day, she and her father has made a false 498a/323/406 ect in mahila thana against me and my all family members, police had come to my house and my mother was in high fever, my mother was 65 at age that day, after seeing the facts, the Mahila I.O had also enquired to people to ask about the reality of this insident but I.O had not found any wintess or evidence in support of 498a allegation and said to my mother that she had filled false case and not made any arrest. after seeing this by my wife and her father, she had filled the affidavit to S.O in Mahila thana that she had filled the FIR in agony, and she had never been threatened for DOWRY. and she said to me that she want to live with me and will never do these activity in future, so i came back to delhi along with wife and children. but after some time, she has started nuisance in my family and don't recpect to my parents, i m very upset for this. can i file the divorce.
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu

Yes,you can file the divorce proceeding against her ,under section 13 1 (ia) of the hindu marriage act 1955

Neeraj Kumar
Advocate, Delhi
5 Answers

Not rated

Please note sir that filing false complaint against other spouse by wife false allegations of dowry etc amounts to mental cruelty as such take a copy of the affidavit and FIR and file a divorce petition under section 13(1)(ia) of hindu marriage act where you both were last residing or marriage was solemnized and provide those two documents as evidence. Note that she may claim litigation expenses in court which you are bound to give.

File divorce at earliest before they take any other false action against you or your family.

Swarnarka Chowdhury
Advocate, Mysore
1855 Answers
5 Consultations

5.0 on 5.0

File fir divorce on grounds of mental cruelty

2) wufecfiling fajse cases against husband and in laws amounts to mental cruelty and is ground for divorce

3) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

Dear,

yes, you can. If you are not happy with her and she don't want to be a changed women,then file

divorce case against her on mentally torture,cruelty,false allegations.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Dear Sir,

You can file divorce on the grounds of cruelty, non availability of sex from wife, refusing to live matrimonial house. The relevant extracts of judgments off SC are as follows. Your advocate must be very careful while drafting all these three major grounds.

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Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

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India grants divorce to man whose wife refused to live with in-laws

India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.

Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.

“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.

There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.

Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.

“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”

Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.

Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”

The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5279 Answers
171 Consultations

5.0 on 5.0

Yes. You can file for divorce from your wife on Grounds of cruelty against you and your parents.

Also, take a plea of her filing false cases against you and your family which would help you in getting a decree of divorce.

Also, try to gather evidence to support your claim which can be used as evidence in court.

Regards.

Siddharth Jain
Advocate, New Delhi
5442 Answers
61 Consultations

5.0 on 5.0

1) Yes, you can file for Divorce and secondly you can go for Mutual Consent Divorce this will be fast as compared to Judicial Divorce.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

first no judge can enforce two couples to live together and as your wife doesnt want to stay with you and your parents it is a good ground for divorce as wife separating son from his parents which is cruelty and good ground for divorce. judgements are there in both regards.

Aveek Bose
Advocate, Kolkata
1117 Answers
7 Consultations

4.7 on 5.0

File a divorce case on the grounds of cruelty.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

You can file a contested divorce case on the grounds of cruelty if the situation is beyond control and you are not able to tolerate it anymore.

The previous false cases may be strong evidence to support your pleadings in the proposed divorce case.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Yes you can file Divorce on grounds of cruelty.

Prashant Nayak
Advocate, Mumbai
18517 Answers
34 Consultations

4.6 on 5.0

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