file for divorce on grounds of mental cruelty
2) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce
3) wife abusing husband amounts to mental cruelty and is ground for divorce
4) contact a local lawyer
Hi, I got married in Feb 2017 and was living with my wife in Gurgaon. My family stays in my hometown in UP and have never cohabited with us. My wife used to torture me a lot and would threaten me that she will commit suicide every now and then. I tried to sort out things with her but she never changed her habits and kept threatening me. Once she threatened to jump off the 3rd floor of the building and said that she will accuse me and my family for the same. I even invited her parents to come over at our place and discuss everything so that we could all live in harmony. But even her mother threatened that my sisters and me will go to jail if my wife commits suicide. Tired of everything, I left home in March 2018 and started staying alone in a PG. I never lived with my wife after that. My wife then tried to call me on a number of occasions but when I didn't respond, she filed a case in women's cell in my hometown in July 2018.A number of hearings were held. I told everyone very clearly that I will not accept my wife again now as she has tortured me and my family a lot. I even showed them call recordings which I had done earlier where my wife was threatening me for suicide. In November 2018, the case was dismissed from the women's cell and they asked my wife to file a case against me in court. Its been over 4 months but I haven't received any communication from my wife or anyone in regard to this case. Her sister called me once but when I didn't pick her call, she messaged me saying that she will not beg me for anything and has now left everything to God. My life is getting spoiled and am unable to focus on anything, be it my career or my family. I don't think my wife is in favour of divorcing me. She has a psycho nature and has sudden outbursts of anger. Please suggest a way out of this, a way to get divorce from my wife.
file for divorce on grounds of mental cruelty
2) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce
3) wife abusing husband amounts to mental cruelty and is ground for divorce
4) contact a local lawyer
You can file for contested divorce under section 13 of the Hindu Marriage Act grounds of cruelty by wife as her actions of threatening you to commit suicide amounts to grave cruelty on the husband and is a valid ground of divorce under the provisions of Hindu Marriage Act.
As you have evidences to prove your claim, in all likelihood you would be granted decree of divorce by the court.
Regards.
1) First give NC in police station against your wife for threatening and attempt to suicide so if she do such type of act than you are not responsible for that as you are living separately in PG.
2) You can apply for divorce in the court for her psycho behavior.
Hi, you need to see what case she has filed in your home town and you need to attend the case over there. We are at Gurgaon based law firm. We will fix a meeting in gurgoan and discuss your whole issue in details. You can contact us.
See file a divorce under section 13 hindu marriage act on ground of cruelty , your wife was cruel against you, she filed false complaint and further you both had no.physical relationship all those amount to cruelty based on same you can seek divorce from your wife.
Hello,
After two years of the divorce you can file the divorce on the ground of desertion.
If you are a working man and she is not then i would advise you to sent some money to her on monthly basis.
Do not initiate any legal proceeding at this stage as it may invite litigation from her end.
Regard
Hi, it is advisable to convince her for mutual divorce under section 13b of Hindu marriage act .. If she does not give consent you can file a contested divorce petition on the grounds of mental and physical cruelty
from the facts, you have only two options-
1. Mutual contest divorce (which seems not possible due to no conversation between you both since long)
2. Contested Divorce, (you can surely file on basis of cruelty but will take a long time, might be few years but may be converted into mutual consent later on)
so, in short go for contested divorce hiring an experienced lawyer
1. It is better if you talk to your wife in person and resolve the dispute amicably. She may have been suffering from mental illness which can be cured if you get her properly treated.
2. otherwise you will have to file a contested suit for divorce seeking dissolution of marriage on the ground of cruelty. If she contests the suit , it will take time.
3. If your wife is unemployed then you will have to provide her maintenance as long as she does not remarry or gets an employment.
Decide accordingly.
Dear Sir,
- Incase you are not looking to cohabit with your wife, you can file petition seeking divorce from your wife
Below shall be the grounds
a> U/s 13. ia of Hindu Marriage Act, ((ia) has, after the solemnization of the marriage, treated the petitioner with
cruelty)
b> You can file complaint to local police station for NC with available evidence of recording to support your statement
- Do hire local lawyer to contest the case.
Regards
Vivek Arya
This is a fit case to approach the Family Court and contest a divorce case against your wife,on the ground of mental cruelty, amongst other grounds.
Incase she is not ready for mutual separation/divorce,you have to contest a divorce against her.
This divorce case can be instituted by you either in Gurgoan or your home town.
Thanks to all for your valuable answers. 1 year back we also sent one legal notice to their parents stating the behavior of her daughter and asked them to come at my home town so that we can talk, we did this because they always declined to accept their behavior and never wanted to come to my home to discuss this. After receiving the legal notice, her parents came with my wife at my home along with one advocate where rather than sorting out matter, they used abusive language and shouted on me and my family. My mother then logged FIR in local Police station which was stopped by sources of my wife's father. Here my advocate is saying to get the FIR and progress it, once her parents will go to court for bail, they may come themselves for divorce. My advocate told me that if i initiate divorce by myself then it would take longer to get separation from my wife. But we are unable to take the FIR further even after dropping multiple letters to multiple officers in my hometown. My advocate aims that my wife's family should file a case against me, as it will make it easier for me to get divorce. Is this a good approach ? Please suggest me a way out.
You can file for divorce on grounds of mental cruelty
not necessary that wife should file for divrce
you have to prove allegations made in divorce petition
If the criminal case is registered against you it will increase burden on you in case the FIR is not registered by police against them file a writ petition before high court seeking direction against police to register FIR and investigate the issue.
There is no such rule that if she feels first you will get instant divorce. You can initiate the proceedings yourself. It is not easy to initiate FIR. It is better you initiate contested divorce.
You are not living with your wife after marriage and it has been quite some time. You should proceed ahead with the divorce as there is no way out of this mess. The court shall see that you are the really aggrieved party here and your wife does not want to live with you. In case the court wants you to go for mediation then too it is bound to fail as she will not mend her ways.
Therefore dont wait for her and go ahead with the fir and divorce case.
Regards
The documentary evidences including the complaint with the police and the dismissal of her complaint are some strong evidences to file a contested divorce on the ground of cruelty.
You may discuss with an advocate in the local and proceed with the divorce case on the lines suggested by the advocate instead of continuing with this torturous situation.
You better change the advocate and file a contested divorce on your own first through a new advocate.
There is no sentimental effect of she filing a divorce case first neither that is going to help you in any manner
You are living in a dire situation hence you need releif for that you initiate process for divorce from your side itself.