• How to proceed for a divorce with wife

Hello Sir, this is Hrusheekesh. I work in an Govt. Organisation. I got married in March, 2009. My wife is a M.Sc. (Computers) Graduate and presently not doing any job. She is very stubborn in nature. Right from the beginning she sued to get angry on me without any reason and remains calm even after repeated attempts by me to know the reason. This continues for 3 to 4 days. She is not interested in living with my mother for whom I am the only son. For separating me from my mother, in July, 2011 she filed a false case showing sections 498 (A), 307 read with section 34 of IPC and section 156 (3) of CRPC in Hyderabad Metropolitan Court. However, after mutual agreement (i.e., keeping my mother in a separate location and certain other conditions), the case has been closed as "Lack of Evidence". After that, my mother started to live separately in Hyderabad and I used to visit her once in every 15 - 20 days. Even after this also, there is no change in my situation. She used to get angry on me without any reason and used to remain silent. Meantime, we were blessed with a girl in June, 2012 and a boy in October, 2015. Through out these years, I am suffering mental agony besides personal insults. All the house hold chores are being done by me including preparing the children for sending to school. Now, I am trying to patch the distance between my wife and my mother duly asking my mother to visit my house once in every 4-5 months. But now she again starting harassing me and made a call to my mother and said that she is not interested in joining with her in the family till the time she is keeping good health. My mother is 64 year old and suffering from Migrane headache for the past 25 years besides common age old problems. Because of the attitude of my wife of remaining silent without any reasons for 3-4 days in a week, I am suffering lot of mental agony, for which I am seeking advice to file a divorce case purely on the grounds of mental agony and not looking after my age old mother. Are any evidences being required in this case? My wife is financially strong through her parents. As such any maintenance charges / alimony to be paid? Is any share to be given in the immovable properties received to me by virtue of my grand father? Please advise me.
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) file for divorce on grounds of mental cruelty

2)wife filing false complaint against husband amounts to mental cruelty

3) wife forcing husband to stay separate from parents amounts to mental cruelty

4) wife would be awarded alimony in event of divorce and maintenance for kids

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. Well, cases are already filed and hence unless she withdraws those you will have to face trial.

2. If the allegation are false then you need not worry as after final adjudication you will be acquitted. So engage a good advocate and defend in the trial.

3. If your wife is unemployed then you will have provide her maintenance which is 14th of your income.

4. Wife has no share in the property of husband though she has right of residence in the house owned by husband.

5. The financial strength of your wife if based on income of her father then you can not avoid her maintenance.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

A Hindu son can divorce his wife for the cruelty of trying to pry him away from his “pious obligation” to live with his aged parents and provide shelter to them,

A woman becomes a part of the husband’s family and cannot seek to separate him from his parents for the sole reason that she wants to entirely enjoy his income,

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Hi, it is advisable to file divorce on the grounds of mental cruelty .. However she can seek maintanace from you under section 125 Crpc since she is not working ...To avoid maintanance we can take a ground that she is not willing to stay with your family and has deserted you willingly without any justified reason

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

This is a fit case to proceed and apply for a divorce.

Forcing husband to get Separated from his Parents, amounts to ’Cruelty’.

Yes, you'll need certain evidences in support of your claim that your wife is casting mental cruelty upon you.

Court may or may not award maintennece, taking into consideration your assets, both movebale and immoveable, income etc.

She cannot claim a share in your self acquirted properties as a matter of right.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can file for divorce on the ground of mental cruelty. The ill treatment of your mother also constitutes mental cruelty vis-a-vis you; she is after all your mother and you are bound to be affected is she is ill treated by your wife.

The question of likely quantum of maintenance and alimony is too open-ended and cannot be answered without a fuller grasp of the exact facts of your case.

No, she does not have a right in any property that rightfully belongs to your or your grandfather.

Pulkit Chandna
Advocate, New Delhi
191 Answers
5 Consultations

4.9 on 5.0

Sir a divorce on ground of the mental cruelty can be filed against your wife, separating from parents and harassing husband amounts to mental cruelty and you can go for divorce under section 13 hindu marriage act.

Further evidence as such the statements of relatives any conversation of such nature or anything that establish her such behaviour, or matrimonial relation can be treated as valid piece of evidence in family court.

Sir if not earning maintenance has to be paid her parents income and property is not considered if she is not earning the court can grant her maintenance.

No share in the property is to be given neither your self acquired or received from grand father.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

My dear divorce is not the solution to your problem you need to visit a psychiatrist or behavioural consultant along with your wife to get the solution of her silent behaviour.

Of course you have the responsibility towards your mother but you have to maintain your family as well putting a divorce petition will definitely didn't your family life for long better try to get counseling maybe you will have some benefits out of that.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You have a good prima facie case for grant of degree of the acts of filing of false Complaints against husband and his family by wife amounts to cruelty and is a valid ground for divorce under Hindu Marriage Act.

Morever, your wife's condition that you should stay away from your mother also amounts to cruelty and is a ground for divorce under section 12 of the act.

The certified copy of the cases filed your wife which were dismissed in your favour would act as evidence in your case. Other evidences can be in the form of audio recordings video recordings chat messages sent by your wife which establishes her behaviour towards you.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

You can file contested divorce case on the grounds of mental cruelty on the said grounds besides other relevant reasons provided she is not agreeing for mutual consent divorce.

If she is not employed and has no source of income on her own for her sustenance then you will have to pay her monthly maintenance and for the children too.

She cannot claim any share in your immovable properties at least not during your lifetime.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

1. A wife is not under any legal obligation to look after her mother-in-law. This obligation rests on her husband i.e son of the mother-in-law. So this is not a ground of cruelty as envisaged under Hindu Marriage Act. However, if she is treating you with cruelty then you can surely file a petition for dissolution of marriage on the ground of cruelty.

2. Since she is not doing any job and is not self sufficient she is entitled to seek maintenance from you. Unless you can prove that she is self sufficient the court will hold you liable to maintain her.

3. She has no share in the self acquired or separate properties of her husband.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer