You can take divorce as per the ground given in section 13 of hindu marriage act. Tell us the facts in detail ao that appropriate ground can be told.

Regards

The divorce procedure differs from situation to situation depending on the length of matrimony, whether there are children born out of wed-lock, consent of the parties, religion etc. The procedure to file for the divorce process is simpler when the parties consent to the divorce. Mutual consent divorce or divorce by mutual consent is sought under Section 13-B of the Hindu Marriage Act, 1955 where both the parties mutually agree to dissolve the marriage amicably.

you can file for divorce on any of grounds recognised by HMA namely mental cruelty , adultery etc

2) you have to prove allegations made in divorce petition

1. Convince your spouse to agree for Mutual Consent Divorce, which is the best option. MCD makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couple can move on with their lives just after 6 months of filing for divorce (cooling period of 6 months time can also be waived off).

2. In MCD, the couple can mutually and amicably come to an understanding regarding return of articles, rightful division of finances and assets, agreement over maintenance or alimony to be paid to the spouse, custody of children, support money, visitation rights, agreement on sharing of costs, etc.

3. If you opt for contested divorce, it takes a long time and the ground has to be very strong.

4. Best option is to go for MCD, for that the couple must have lived separately for 1 year.

Firslty, as per the information mentioned in the present query, makes it clear that the relation is come at that stage where after 14 years of th marriage, you have decided to go for the divorce.

Secondly, you may file a divorce petition on the said ground, but it is for the judge to decide accordingly as family court tries to save the marriage rather than providing the divorce decree.

Thirdly, you may also be asked to attend several mediation sessions by the court.

Fourhtly, include some more ground into it if possible, to make your case more close to the approval of the decree.

You are free to file for divorce, which is broadly speaking of two kinds: contested divorce and divorce by mutual consent. I take it your wife doesn’t want divorce and you want to proceed on your own.

But please note that incompatibility or irreconcilable differences or irretrievable breakdown is not a ground for divorce under the Hindu Marriage Act by which I believe you and your wife are governed. There was an attempt to add incompatibility as a ground for divorce but that effort has gone nowhere, with the proposed amendment only managing to pass through the Rajya Sabha.

Be that as it may, you can, based on your situation, pick among the other grounds of divorce including cruelty which has interpreted to encompass a number of things including mental cruelty. Some of the other grounds under the said Act include secual intercourse out of wedlock by your partner, venereal disease, unsoundness of mind, desertion for over two years, etc.

I hope that answers your question.

If your wife is ready for divorce then you can go for mutual consent divorce otherwise you need to file contested divorce on the grounds mention in Section 13-B of the Hindu Marriage Act, 1955.

Incompatibility not a ground for seeking Divorce under the Hindu Marriage Act. You can file under the ground of cruelty if the facts of the case warrant it.

Hello

The divorce petition has to be filed citing various instances wherein you and your spouse had Major differences and therefore cannot proceed ahead due to temperamental differences. At the time of arguments too your lawyer would have to state these issues.the court would grant a divorce if you can prove the same to the satisfaction of the court and you wife does not oppose it or is not able to disprove your allegations.

Regards

On incompatibility ground only Supreme Court can grant divorce.

Dear,

Incompatibility as a ground for divorce is not recognized for a contested divorce.

In mutual divorce if wife is ready for divorce then file otherwise not.

If your Wife has also agreed for divorce you'll have to file a petition for mutual consent divorce in family court.

If it is a one sided divorce you'll have to file a petition for contested divorce on Grounds of cruelty under section 13 of the Hindu Marriage Act, 1956. Incompatibility or irretrievable breakdown of marriage is not a valid ground for divorce under the Hindu Marriage Act.

Dear Sir,

Pick out major differences and cruelties and on those grounds get issue a legal notice and thereafter file divorce petition. The following information may kindly be read.

What is mental cruelty?

According to Section 13(i) (a) of the Hindu Marriage Act, 1955, a mental cruelty is broadly defined as that moment when either party causes mental pain, agony of suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.

The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live.

What constitute a mental cruelty?

The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.

A mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. Some instances illustrative of what defines mental cruelty as described by the Supreme Court of India (SC) are enumerated here.

• On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make it possible for the parties to live with each other, could come within the broad parameters of mental cruelty;

• On a comprehensive appraisal of the entire matrimonial life of the parties involved, it becomes abundantly clear that a situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party;

• Mere coldness or lack of affection cannot amount to cruelty however frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable;

• Mental cruelty is a state of mind - The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty;

• An unrelenting course of abusive and humiliating treatment calculated to torture, discommode or render miserable the life of one spouse;

• Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse - The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty;

• Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty;

• The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction. Emotional upset may not be a valid ground for granting a divorce on the grounds of mental cruelty;

• Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life is also not an adequate for granting a divorce on the grounds of mental cruelty;

• The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty - The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer. This may amount to mental cruelty;

• If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty;

• Unilateral decision of refusal to have intercourse for considerable periods of time without there being any physical incapacity or valid reason may amount to mental cruelty;

• Unilateral decisions made by either husband or wife after marriage to not have child from the marriage may amount to cruelty;

• Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair - The marriage becomes a fiction though supported by a legal tie - By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties involved - In such situations, it may lead to mental cruelty.

How to prove mental cruelty in a court?

Establishing a case of mental cruelty depends upon the facts and circumstances of each case. However following ways, you can prove mental cruelty in a court:

Your oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.

You can send her legal notice seeking for divorce by mutual consent if she agrees you can get divorce within 8 months from date of petition. If not file a petition under section 13 (1)(ia) of hindu marriage act under ground of cruelty. You need to have strong proof if you are going for contested divorce

If she is also ready for separation, best way out of the present situation is a mutual consent divorce.

1) You can apply in the court for Divorce or can get Mutual Consent Divorce will be faster then any other procedure.

Sir incompatiblity is there..then ask her for mutual consent divorce....if she not agree. And she is showing cruelty towards you.. and not caring for Ur day to day needs..or harrassing u...then file for contest Divorce...

For more details call me.

You can file a contested divorce mentioning all her acts of cruelty which will include undesirable activities towards you which caused you great mental tortures.

You have to take divorce on ground of the cruelty in India under Hindu Marriage Act there is no ground such as incompatibility, you have to file a divorce petition in family court alleging that your wife has caused mental cruelty upon you.