1) file for divorce on grounds of mental cruelty
2) seek sole custody of your child
3) wife abusing husband amounts to mental cruelty
4) wife refusing to stay with husband amounts to mental cruelty
5) contact a local lawyer
Extreme cruelty by wife
I am 36 years male , married for 8 years, having a 5 years old boy, Our marriage was an arranged one through matrimonial sites, Post 2 days of marriage I faced cruel abnormal behaviour of my wife, sha asked me to get divorced and next day was behaving as if nothing happened, We hail from northeast and I was working in Chennai then, on and off she will abuse me also she would call my family members at native and abuse them even on off time, After 15 days only she went to her native and came back after 2 months, after that every 3 months she will go her home and for no reason will fight with me, She comes and physically attacked also many times, After the birth of our son it gone high, Day by day her fighting frequency is going high, She is not comfortable on anything , she finds problem in everything, doesn’t even take proper care of son, 2 times she left for native keeping son with me, In last one year 6 month I managed my son alone along with my job, that time also she used to call me everyday and fight , Whether she is with me or away she will fight and abuse me Now I moved to Mumbai for a training for few months, after I came mumbai she also came to stay with me for 15 days but after 2 days only she started fighting and left , My son is struggling because of this, Pls advice if I can get rid of her
Asked 5 years ago in Family Law
Religion: Hindu
12 Answers
You can file for divorce on Grounds of cruelty by wife under section 13 of Hindu Marriage Act as the actions of your wife of raising her hand on you as well as abusing your parents constitutes cruelty and are valid grounds for grant of decree of divorce by Court.
I think instead of divorce you need a counseling session for your wife she needs doctor to cope up with the tension you need to find out a good marriage counselor or psychologist to help you in this regard.
It does not seem very serious in your query that the divorce will be a solution for your problem you need a caring wife and mother for your child.
Taking the decision of divorce is very easy but this is very difficult to keep on
It is advisable at this moment that you need to take good care of her particularly in the emotional matter and take proper medical care and don't keep that I was in your agenda for now.
Dear client, if u want her to come back and stay with u..in proper manner... then file RCR .. restitution of conjugal rights..
Otherwise if u fed-up of her cruelty, behaviour.. then file for divorce against her.. on the ground of cruelty, mental harrassment, desertion..and neglecting mother of Ur 5 years old baby.
And she is not caring mother for Ur child then take child custody..
state the reason why she does not want to live with you, and once try to settle this matter with your elders of both the sides of the family, and if also she is not willing to join with you , then you can issue legal notice against her for further proceedings.
Dear Sir,
The grounds narrated by you are sufficient to grant divorce to you along with child custody. The cruealty shown by your wife is extreme and your divorce case cannot be rejected.
Immediately approach family court with divorce petition and permanent child custody petition.
No need to tolerate this any further.
Approach the Family Court and file a case of divorce on the ground of mental cruelty. Start collecting evidence to support everything that you've said about the cruelty afflicted by your wife upon you.
1. Record her acts of cruelty so that you have evidence to prove your case.
2. Once you have collected evidence then you may file a petition for dissolution of marriage on the ground of cruelty.
3. A petition for the guardianship and custody of child can also be filed by you.
Sir file a divorce on ground of cruelty against your wife under section 13 hindu marriage act beating fighting abusing amount to cruelty and the divorce on same grounds can be taken.
Further file an application along for child custody also since the child is normally residing with you and further she is not proper care so seek child custody on the ground of the welfare of child.
Separate from her and live your life peacefully with your son.
Dear Querist
if you want divorce from her than based on cruelty you may file a divorce petition against her before the family court under section 13(1)(ia) of Hindu Marriage Act-1955.
if she is unable to maintain herself then she may claim maintenance and file maintenance case under section 125 of Criminal Procedure Code-1973 and 1/3 of your income can be grant as maintenance to her.
Feel Free to call
If the situation at home is intolerable and you cannot survive under the given circumstances, you may better plan to file a contested divorce against her on the grounds of cruelty.
You cannot live under stress or duress every day due to her arrogant and unchangeable character.
You can file a child custody case also to take back your child under your custody if you feel that it will not be proper to leave the child in her custody.
This is my response to you:
1. Firstly you must file a petition for divorce under the grounds of cruelty;
2. The court will appoint a marriage counsellor;
3. The court will offer you a cooling off period;
4. If matters still do not get resolved then the court will pass the decree for divorce and decide custody of child;
5. Consult a local lawyer and take steps.
