• How I can file divorce case

My marriage was on 2016, with in 4 month my wife left my house and from last 18 months My wife is living saprately with my sister house and she blame me and my family. She always create pressure on me to break all realtion with my family and also she blame and hassasment me she will do sucide with letter for me.. last 18 month she is living saprately. By I went there to pick n drop her for office.. now I decided for divorce and also she blame me external affairs with my nefew she is just in 9th class.. how can I file divorce and also can my wife file case against my family ..rather she left my house 18months back..
Asked 5 months ago in Family Law from Delhi, Delhi
Religion: Hindu

File for divorce on grounds of mental cruelty 


2) wife forcing husband to stay separate from parents amounts to mental cruelty 


3) wife threatening to commit suicide amounts to mental cruelty 


4) wife accusing husband of having extra marital affair amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
70812 Answers
4254 Consultations

5.0 on 5.0

file for divorce under section 13 of Hindu Marriage Act on grounds of cruelty which is a valid ground for divorce under the Hindu Marriage Act as your wife alleging having affair with your nephew amounts to grave cruelty upon the husband and is a valid ground for divorce. Also, the fact that she  deserted your companionship for more than 18 months is going to go in your favour.

She can file cases under Section 498 of the Indian Penal Code, if if there is any dowry harassment but since she has deserted 18 months back and did not file any complaint till date, chances of any FIR being registered are very less.

Furthermore, she can file a case for maintenance if she has no source of income or is unable to maintain herself from her own income or a complaint under the provisions of protection of women from domestic violence act 2005.

Siddharth Jain
Advocate, New Delhi
5188 Answers
58 Consultations

5.0 on 5.0

1. The allegations are really mindless and wanton and instances of grave mental cruelty.

2. So on the basis of these instances of cruelty you can file a suit for dissolution of marriage. However to get grant of decree for divorce you need to prove the accusations in court.

3. If you re unemployed you can file case for maintenance and damages as well under PWDV Act.

4. In addition to this you can file case u/s 498A IPC as well.

Devajyoti Barman
Advocate, Kolkata
18409 Answers
261 Consultations

5.0 on 5.0

A divorce petition should be filed in the family court by you on grounds of cruelty and desertion. Desertion should be for a period of 2 years. Engage a lawyer for this.


Rahul Mishra
Advocate, Lucknow
5604 Answers
12 Consultations

5.0 on 5.0

If she is living separately than you can file case against her under cruelty base.

Ganesh Kadam
Advocate, Pune
8751 Answers
72 Consultations

4.9 on 5.0

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds. 

Mohammed Mujeeb
Advocate, Hyderabad
13026 Answers
4 Consultations

4.5 on 5.0

- U/s 13(i)b of HMA, you can file divorce with best possible evidence to prove your side strong for better relief.

- However the process will take bit time.




Vivek Arya

Vivek Arya
Advocate, Gurgaon
630 Answers
4 Consultations

5.0 on 5.0

First you file contested divorce on ground of cruelty against her. You will get the same

Prashant Nayak
Advocate, Mumbai
15831 Answers
28 Consultations

4.6 on 5.0

You should file divorce against your wife on ground of crurlty. Explaining every allegation with specific date and time. 

She can file case against you under section 498a ipc and she can file domestic violence case against you. 

She is working hence she is not entitled for maintenance

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0


        Yes you can file for divorce.

        Ground for divorce is mental cruelty like she force you to live separate from your parents.

        You also take ground that she threatens you for sucide.

         If your family is not in contact with her, than she will not take this chance.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

See since you are separated from 18 months so no DV case is maintainable and also other case if she file falsely it can be contested in delay in filing and false  cases, 

Further you can file divorce on ground of cruelty before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
22169 Answers
88 Consultations

5.0 on 5.0

Dear Querist

Based on cruelty, you may file a divorce case against her before the family court under section 13(1)(ia) of Hindu Marriage Act-1955.


after filing of your divorce case, if she filed any case against you than it can be consider as a counter blast case.


she may file a maintenance case(if not able to maintain herself) but as per your information as you pick and drop her from her office so she is working lady, hence she will not get any maintenance.


she may file a Domestic violence case against you and your family, she may file dowry demand and cruelty case under section 498A of IPC.



Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5402 Answers
262 Consultations

4.9 on 5.0

Dear Sir,

It is better to file Restitution of conjugal rights against your wife in family court.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

If she denies to cohabit with you even after the R.C.R. decree is awarded then you can file an suit for execution of such decree under order 21 Rule 32 of the Civil Procedure code and then after a lapse of one year from the date of such R.C.R. decree you can file divorce petition u/s 13 (1-A)(ii) of the Hindu Marriage Act, 1955. If conjugal right is not restored within one year of getting the RCR decree, the aggrieved party is eligible to get divorce.


  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce


  • You get a leverage in maintenance & alimony, since you are ready to take care of her needs and necessities but she doesn’t want to join you.


SEC 9 OF HMA – restitution of conjugal rights. it is a prayer by a  petitioner; summon by a competent court ;  and order by a court to the spouse who left her matrimonial duties without sufficient reason.


Netravathi Kalaskar
Advocate, Bengaluru
4278 Answers
22 Consultations

5.0 on 5.0

If both of you have consent you can file mutual consent divorce

Anand Shukla
Advocate, Delhi
512 Answers
13 Consultations

4.9 on 5.0

You can file a contested divorce case on the grounds of cruelty if she is not agreeing for mutual consent divorce.

She may, in retaliation, file DV case, maintenance case under section 125 cr.p.c. and also lodge a criminal  complaint under section 498a and section 3 of DP act for dowry harassment.

This is a continuing offence hence the police may entertain the complaint which can be challenged in court of law on merits in your side.

T Kalaiselvan
Advocate, Vellore
60730 Answers
780 Consultations

5.0 on 5.0


Yes you can file divorce on ground of mental cruelty by your wife.

Yes your wife can file various cases like police complaint against your parents for dowry demands and cruelty.

She cannot file domestic violence case against your family if she haven't met them from past 18 months.

She can file DV case against you because you are meeting her almost on daily basis.

If need any assistance in filing of divorce then you can feel free to contact me. 

Mohit Kapoor
Advocate, Rohtak
5891 Answers
2 Consultations

5.0 on 5.0

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