• Can someone file divorce on wife's qualification and ability

Wife's qualification is arts graduate with education honours. but very difficult to write or read english or hindi. where as these subjects starts from primary school itself. General knowledge is also very poor along with other subjects. This low education impact is reflected in all daily activities and. Marriage is 6 yrs over with a 4 yrs girl child. She is not able to teach her child also in nursing standard. Lack in mother child affection and interaction is also noticed most of the times. Can the husband suit a case in this situation?
Asked 2 months ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu

Very difficult that you will be able to make out a case of divorce against your wife, on the ground suggested by you. 

It is better that you combine this ground, along with some other grounds for divorce as may be available to you. 

Vibhanshu Srivastava
Advocate, New Delhi
8276 Answers
121 Consultations

5.0 on 5.0

See educational qualification cannot be ground for divorce. The divorce under hindu marriage act can be taken on ground of adultery cruelty ,desertion such grounds only.

Shubham Jhajharia
Advocate, Ahmedabad
16161 Answers
66 Consultations

5.0 on 5.0

You can file a case but it will not stand in court firmly

Prashant Nayak
Advocate, Mumbai
9226 Answers
15 Consultations

4.8 on 5.0

1) you cannot file for divorce on grounds that wife although a graduate is unable to teach the child 

 

2) your divorce petition would be dismissed 

Ajay Sethi
Advocate, Mumbai
62506 Answers
3809 Consultations

5.0 on 5.0

Hi, as per Hindu marriage act , the illiteracy of wife does not constitute any offence or ground for divorce 

Hemant Chaudhary
Advocate, Gurgaon
4170 Answers
25 Consultations

4.9 on 5.0

1. After six of marriage and after birth of a child lamenting on the poor quality of education of wife is nothing but a folly.

2. To rear up a children the mother need not be a very educated one nor it is essential for a happy marriage. Had it been then before six years you could have applied for divorce.

3. Now shun these rubbish ideas and concentrate on your marital life.

Devajyoti Barman
Advocate, Kolkata
16834 Answers
238 Consultations

5.0 on 5.0

Dear Sir,

No, wife's qualification and ability is not a ground for divorce.

Grounds for Divorce in India

The secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India.

  1. Grounds for Divorce under the Hindu Marriage Act, 1955

Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. 

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. 

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. T

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. 

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

  • If the husband has indulged in rape, bestiality and sodomy.
  • If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
  • A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
  • If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Netravathi Kalaskar
Advocate, Bangalore
2514 Answers
6 Consultations

5.0 on 5.0

No.  None of the cause mentioned by you is a valid ground for filing a divorce suit against your spouse. 

Kallol Majumdar
Advocate, Kolkata
290 Answers
1 Consultation

5.0 on 5.0

Dear Client,

You are surviving with her with same attitude from 6 years,now you cannot raise such grounds for divorce. Either find some new grounds of divorce and use these grounds as corroborative.

Yogendra Singh Rajawat
Advocate, Jaipur
10438 Answers
9 Consultations

4.6 on 5.0

if you file divorce based on ground such as cruelty etc it will take a long time to get it, so better to file mutual consent divorce. But on silly reason divorce is not a solution. Try to settle dispute amicably. 

Mohammed Mujeeb
Advocate, Hyderabad
7695 Answers
3 Consultations

4.5 on 5.0

No, 

divorce can't be filed on the basis of a wife's qualification, 

 

Suneel Moudgil
Advocate, Panipat
915 Answers
1 Consultation

4.3 on 5.0

The husband cannot file a divorce case on the said grounds.

This is not any valid reason  for seeking dissolution of marriage.

It means an illiterate woman cannot remain in marriage?

Dont have such imaginations, you may look for some other reason.

T Kalaiselvan
Advocate, Vellore
52562 Answers
632 Consultations

5.0 on 5.0

1. Did you not know her purportedly poor qualifications before marriage?

2. The wife may be an illiterate altogether, but this is not a ground for divorce. 

Ashish Davessar
Advocate, Jaipur
25947 Answers
753 Consultations

5.0 on 5.0

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