• Divorce for a cancer Husband

I am a cancer survivor.
My in laws and wife things I can die any time even after being cured. And so she has left me and living with her parents since last 10 months 
And she is also not giving me divorce.
Now can I get divorce from court by contesting .
Asked 5 years ago in Family Law
Religion: Hindu

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20 Answers

You can file for contested divorce on grounds of cruelty by wife the section 13 of the Hindu Marriage Act.

Her statements definitely constitute cruelty and you should start collecting evidence in order to to prove your claim.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You can file fir divorce on grounds of mental cruelty 

 

wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Dear Sir,

Divorce is granted if only it is a venerable and communicable diseases. Cancer is not contagious,so this cannot be ground for divorce. If your wife doesn't want to live with you then you can proceed with divorce rather than trying to continue to live with her. The divorce will be granted on the ground of desertion of your wife.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello,

File a restitution of conjugal rights. And if she don't respond then file a case for divorce on the ground of desertion and cruelty.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Hi,

The present ground available to you for divorce is cruelty by wife. You may file a case for divorce in the family court and your wife will be called to answer that case. You may be granted divorce by court after following due process of law.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1.  You are free to file a petition for dissolution of marriage on the ground of cruelty which she can contest.

2. If you apply for divorce then be also prepared to face 498A which she may file.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi,

That's very sad that your wife has left you for such a reason. You can file a contested divorce on the grounds of cruelty. If you want to stay with your wife, you can also file a suit for "Restitution of Conjugal Rights", to call back your wife.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Yes you can. On grounds of mental cruelty and desertion. You can also plead for alimony. 

Alternatively, if you want to give you marriage another chance, instead of filing for divorce; you can file for Restitution of Conjugal Rights. The choice is yours, whether you want to plead for divorce or RCR. 

In either case, you must hire a learned counsel to succeed. So contact me to appoint me as your counsel  [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

Yes you can obtain by contesting it, but a lawyer needs details to get you a hassle free divorce for which discussion is necessary

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You can file divorce on the grounds of creulty. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file divorce against your wife on ground of cruelty under section 13 hindu marriage act that she has left you in such time and she is no more in nariyal relationship knowing you suffered cancer this amounts to cruelty along with other grounds.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If your wife is not ready to give divorce then i wonder why you are desperate to give her divorce.

2. If she has left you then let her stay separately.

3. Since you are a cancer survivor and presently unemployed then filing a case for maintenance would not bring desired result.

4. If you are indeed serious then you can file suit for divorce on the ground of cruelty for deserting you during the time of medical distress. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

2 years continuous desertion to file divorce on the ground of desertion.

Raise some other grounds like unwillingness of wife to fulfill marital tie, forcing to live separate from parents etc.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

yes you can get divorce through ground of cruelty and desertion

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

If you do  not  want  to  continue the  married  life  then  your may  file   contested divorce case  against her.

The grounds for  divorce shall be cruelty and  desertion.

You  can  plead  that she failed  to  perform  the  duties  of  a dutiful Hindu  housewife and left the husband  at a  critical  period of time 

You  can  discuss with a local  advocate  and proceed.

 

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

Yes you can get divorce by contesting in court. 

But in my opinion you should file section 9 HMA first for restitution of conjugal rights for bringing back your wife.  If she then refuse to come in front of court then after few months you can file divorce case on basis of dissertion by spouse.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Hello, 

yes you can file a case of divorce on the ground of mental cruelty, saying that, your wife is not supporting you at the time when you need her the most and that the same is causing mental agony to you, which will be a ground of divorce as per the Hindu marriage act

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1.Yes, you can file a divorce petition befo0re the Court on the ground of cruelty.

 

2. Under tghe given circumstances, it will not be difficult for you to prove her cruelty to getb the decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Querist

Immediately file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 based on cruelty because at this stage when you need more care, she left your company which is cruelty and based on this point you may get divorce from her.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

  1. Yes, you should file divorce petition on the ground of cruelty on you as living the husband without any sufficient reason and to that effect when he has come out as the cancer survivor.
  2. It is truly not acceptable a per law not in paper but on morality and socially.
  3. You would surely be getting justice from the court of law as I believe that our judiciary is capable enough to distinguish between the good and bad behaviour/ nature of the person depending upon the acts done by them.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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