• Divorce case

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.
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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21 Answers

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 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can file contested Divorce in family court

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Dear Client,

Constant threat to commit suicide itself a valid ground for divorce. File diovrce.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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. 

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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  

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

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

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94524 Answers
7486 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have reasons, and should move,

Go and file divorce petition 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

Yes your advocate advice is correct you should follow him. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84724 Answers
2172 Consultations

5.0 on 5.0

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