• Divorce

Due to incompatible issues n nothing I have with my wife, I would like to end this marriage of 13yrs. Knowing 100% of this law is in the favor of women, plz I need suggestions n points on how can I make my pition/draft stronger as a man.
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

For the purpose of making an application for grant of divorce, you have to demonstrate to the Court any of the grounds viz. Cruelty, Adultery, Desertion, Mental Disorder etc. as provided under the law. If you want to invoke any of these grounds for divorce, you will be required to demonstrate that owing to such reasons the marriage has been irretrievably broken down and there is no scope for living together. It is likely that such a petition may be contested by your wife. Such proceedings should be initiated at the earliest before the wife files any such proceeding, to be in your best interest.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You need to file contested divorce on ground of cruelty. You need to include all incidents of cruelty in the same

Prashant Nayak
Advocate, Mumbai
34748 Answers
252 Consultations

See you can get divorce on grounds such as cruelty , adultery or desertion, incompatibility is not ground of divorce in India.

You have to file divorce on ground of cruelty and proof of same has to be given.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can allege cruelty for incident such as abuse , intimidation for false cases, hitting.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,

First of all you are sincerely suggested not to reveal anything regarding new partner to anyone including your wife till you get divorce. In the present circumstances, you are suggested to file divorce petition in family court of your area on the ground of cruelty citing all reasons and circumstances where you faced cruelty and it has become impossible to lead a married life with her now. Also be prepared to face cases of maintenance, domestic violence etc from her end.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Record your wife threats 

 

2) wife abusing husband amounts to mental cruelty and is ground for divorce 

 

3) wife threatening to file false case of dowry harassment amounts to mental cruelty 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

  1. Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5.  If you opt for contested divorce, then any one of the conditions have to be satisfied:-

(a)  After marriage, voluntary sexual intercourse with any person other than his/her spouse

                       OR

(b). Treated the petitioner with cruelty

                       OR

(c).  Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition

                                OR

(d)   Has ceased to be a Hindu by conversion to another religion

                                      OR

(e).  Has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder

                                       OR

(f). Incurable form of Leprosy

                                       OR

(g). Incurable form of VD

                                       OR

(h). By entering into any religious order

                                       OR

(I)   Has not been heard of as being alive for a period of 7 years or more.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

Threatening can be treated as cruelty.  Based on this ground you can file divorce petition. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hi

Raise the issue before family elders, wellwishers etc., start working on having evidence in support of your case.

Have substantial evidences before you give notice and go for divorce etc.

It is not that easy, as it is said.

Do not get carried away and file divorce petition in haste. 

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Since you are very well aware of laws tilted towards wife. I suggest you to take an amicable settlement of dispute by way of mutual consent divorce under 13B of the HMA Act. The matter will be settled in two hearing if the both parties argee to it.

Jamal Sait
Advocate, Bangalore
168 Answers
2 Consultations

Incompatibility is not a available ground of divorce in India and reason of force marriage and threat of false cases  will not sustain after 13 years.

Have to create ground of divorce and in that way which can be prove, mere allegations has no substance.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear

You have two options 

Either you go for mutual consent divorce which I think your wife will not agree with. 

Other is filing divorce petition on various grounds like mental cruelty and adultery if you are living together and other is on ground of dissertion by spouse for more than two years. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

You can file divorce case only on the ground of cruelty and if you narrate your entire story then any competent advocate may suggest you to draft a strong divorce petition so that you can file it and get divorce.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

You may have to analyse all the facts and the events that had taken place in your married life so far and the disgusting issues which led you to take this drastic decision to give up your marriage or decided to dissolve the marriage.

You may note down the events taken place in your married life so far  in a paper chronologically, and consult a local advocate who is having good experience in solving the matrimonial cases, discuss the matter at length and file a petition for divorce on the grounds of cruelty and other issues you may rely upon.

Dont worry about the retaliations from her side due to this, you can confront them in the trial proceedings in case she files false cases misusing the law in her favor.

 

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

The dowry harassment complaints may not be effective at this stage of your married life, hence you need not be worried on that aspect even before filing the divorce case against her.

You can decide about the child custody also after filing this case, whether to file a case or to settle the issue with amicably if she is ready and willing to compromise and settle the scores on mutually agreed conditions.

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

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