I Married on March 2011, it was a love converted to arrange marriage. Marriage registration was not done before marriage & we were about to register immediately after marraige but since from the first day of myself & all my family members, relatives & parents find very wrong in her behavior, not mad but have some problem, very cruel, quarreling all the time, that cannot be described in few lines. for all this Registration was not done then, & after few months when things gone very wrong I our family decided to get separate from this, but her parents refused to accept her & sent back our home, then there was a family meeting & on writing she accepted all her misdeeds & promised not to do all this further. But it was just for some days & things went wrong repeatedly.we also went to a Doctor who suggested for a counselling but only after two seating she refused to continue further & her parents supported. days & years passed but i did'nt plan for baby as she cannot take care of the baby, but last year we had a baby (daughter) as many said things will be good if a baby comes in your family & now things gone more bad, She is now very cruel to her own baby sometimes, when the baby was just two months she use to hit her for crying when hungry, when she was around 10 months & was suffering some stomach problem & not take her meal she use to press her neck & shouts to kill her & surrender to police, this she done several times, never takes care of them baby as a mother should do. Never gives her medicine to the baby when i am not at home. Meanwhile, my mother takes care to the baby & my wife goes to breast feed the baby only after telling her several times. So, Now i have finally taken decision that i have to divorce & its a meaningless relation with a destructive future for me & my Daughter. My daughter is 18 months old now, breast feeding & i want to get out of this relation at the earliest but mutually she & her parents will not agree as her parents too will not accept her & let her inn there house as they know her very good. Please suggest the best possible way to get me a peaceful & a life with dignity
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Hello,
Mutual divorce can only be taken after the consent of both the parties. Also, the custody of the child will usually remain with the mother till she attains the age of 6.
If she does not agree for mutual consent then you may file a case of divorce on the ground of cruelity.
Regards
Firstly get all her medical history in your custody thereafter file for divorce under section 13(1)(1a) Cruelty under Hindu marriage act and also under section 13(iii) on ground of mental disorder. Also file a separate petition under guardians and wards act seeking custody of the child.
Thanks for the support. Have not mentioned that what to do when my wife is staying with me till now & her parents will not accept her. Can i file case when she is at my home?
Yes you can file, but you will have to say that you two are living in different rooms and are not living together.
Regards
You can filefor divorce on grounds on mental cruelty
2) wife abusing husband amounts to mental cruelty
3) rely upon her admission of mis deeds
4) in case wife files false case of dowry harassment apply for and obtain anticipatory bail from sessions court
Dear client
As per your version you have a very good case of divorce on the grounnds of cruelty. You may go ahead and engage a good lawyer who can make your case really strong.
Adv vikas
Yes you can file a case even if she's in your home as that will be good ground to prove cruelty that she is causing to your family while staying in your home.
Sir you have to file a divorce case on ground of cruelty under section 13 (1) hindu marriage act you have enough proof like cruelty to you, your family baby and the irresponsible behaviour . The divorce need to be contested. And further an application for custody of your child need to be preferred citing incidents of cruelty to baby by her and not properly taking care for.welfare of child the custody shall be granted to you.
Yes case can be filed when she is in your home voting cruelty as ground .
Dear,
You have solid proofs, doctor reports, her acceptation letter.
So file divorce on these proofs.
Your girl child is minor and in law her custody after divorce should be given to her
mother, but if you present solid proofs and her doctor reports of her madness, court
may given her custody to you.
Staying your house is her right and you can't deny her right, you may proceed in this situation.
File a case of contested divorce against your wife.
Contest it on one of the grounds as available to you under the Hindu Marriage Act.
Yes, you are free to file a case even while she is staying with you.
hello
file a petition for divorce and obtain an injunction based upon her behaviour against you and the baby. inform the court that she has a destructive attitude and may harm the baby. remove her from her house or she will lodge false cases against you. take her to her parents' place on some pretext. if not then pray before a court that she be kept separate from your baby and you for reasons that you have statted.
regards
If there is no possibility for continuing this marital relationship and also if she may not agree for mutual consent divorce, you may have no other option than to file a contested divorce on the grounds of cruelty.
You should collect the evidences of her acts of cruelty including her cruel acts agaisnt the infant child.
This would help you to file even child custody case along with the divorce case.
You consult a local lawyer and file a divorce case immediately as suggested for getting fully relieved.
The registration of marriage is not essential if you have proof of your marriage.
Thanks for the support. Have not mentioned that what to do when my wife is staying with me till now & her parents will not accept her. Can i file case when she is at my home?
You can go ahead with the divorce case even if you both are residing under the same roof.
You can cite that in your pleadings in the divorce case that even her parents are not willing to take her back becasue of her worst character and cruel nature.
You can approach the mediation centre In court of your local jurisdiction.
1. Mutual Consent Divorce under Section 13B of Hindu Marriage Act is the only hassle free process in India to dissolve a marriage that has strained beyond repair. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this cooling off period can also be waived or shortened by the courts now. However, it requires a positive agreement between spouses on all issues such as maintenance/permanent alimony, child custody, division of assets, etc.
2. It is open to spouses to file the petition for mutual consent divorce even if they are living under one roof and sharing the same bed.
Hi,
You can not file any case when she is at your home. Rather you are suggested to collect proof with the help of audio video means and use that proof to support your case.
Answerd by Adv kavery Anand Bangalore.. sir u can file for divorce on the ground of cruelty, and mental illness... And not taking care of baby and husband...
If u have all her bad behaviour proofs.. and even
Doctor reports that she took 2 seatings..
And that statement written by her that she will not do this kind of bad behaviour again.. on the time of family meeting.
Then immediately file for divorce and child custody.. by stating that she is dangerous to kid.. she may do anything with baby.. because she has done several times before.
For more details call me through kaanoon.com
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