• How to get divorce

Mine is 2nd marriage and I married a divorced lady.
I'm a doctor, she did MA.but housewife..she has some psychological problems like anger,,crying,,hunger strike,,unable to adjust with the people and society.
Now after getting married to me,,after 3 months, she left me and went to her parents house and stayed there for 5 months.Then she returned on her own along with her people. But after returning, she is unable to adjust with me,so she started torturing me with her odd behavior,,always argue with me and not cooking,not allowing to touch her..so I informed her parents to come and take her daughter to their home..Now my question is?can I approach for the divorce in this case?.
If so?how can I approach?pls.help me.
Asked 5 years ago in Family Law
Religion: Hindu

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20 Answers

You can only file for a grant of decree of divorce after 1 year of completion of marriage.

At this stage you can file for judicial separation on grounds of cruelty.

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

You can file for divorce on expiry of one year of marriage on grounds of mental cruelty 

 

2) wife refusing to have sex amounts to mental cruelty 

 

3) wife abusing husband amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
100073 Answers
8172 Consultations

1. You may ask your wife for a mutual divorce if she is not agreeing for that you have to file a contested divorce on the ground of cruelty citing all these issues before the family court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can apply for divorce only after one year of marriage on the ground of non consummation of marriage due to refusal of wife and her unwillingness to live matrimonial life with you. And her acts of mental cruelty.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You can file divorce on basis of mental harrassment and non consummation of marriage 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello,

  1. You can file for divorce on grounds of cruelty if your marriage is more than one year old. If she is agreeable for a divorce you can file divorce by mutual consent and it will be ordered after 6 months from the time of filing.
  2. If the petition is contested it will take tears for the decision and as your wife is unemployed she will definitely file for maintenance and possibly file other cases like domestic violence
  3. Therefore, it is advisable as far as possible to arrive at a consensus and file for divorce by mutual consent. You will also be able to arrive at monetary settlement as well by consensus.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Yes you can file divorce on grounds of cruelty

Prashant Nayak
Advocate, Mumbai
34738 Answers
251 Consultations

Send a legal notice for her to accept for Mutual Consent Divorce.

1.  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 (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.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

You can go for the Nullity of marriage and can give reason for it that her parents did not informed you regarding her dual behavior and acting like mental etc.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

-  As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further , As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Your submissions are showing that you wife is no having intimacy with you , then it amounts to cruelty. 

- If due to her said acts ,you are not interested to continue with her then take her consent for mutual divorce , and if refused , then file divorce on the above said grounds.

Mohammed Shahzad
Advocate, Delhi
15875 Answers
243 Consultations

If the situation is intolerable and there is no more possibilities to continue with this married life, you may decide to dissolve the marriage the marriage by a decree of divorce on the grounds of cruelty.

 

T Kalaiselvan
Advocate, Vellore
90277 Answers
2510 Consultations

You can apply for  divorce after completion of one year of your marriage.

The grounds for divorce could be mental disability (you need to prove it) cruelty.

Till completion of one year, you record / collect all her acts / activities to prove cruelty viz., the problems referred by you.  The same will come to your support..

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Divorce can be granted based on various reasons, therefore, your facts and circumstances should fit within the reasons as stipulated by the law.  

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Yes you can seek divorce on the ground of cruelty by your wife.

Sanjeev Gupta
Advocate, New Delhi
119 Answers
1 Consultation

No worries and problems. 

We would definitely recommend solution and advice as per provisions of law. 

Please furnish details of your case and facts about your  2nd marriage date month year which is important to take next steps in your case.

If the period of your marriage is not over one year then you have to wait .

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Yes you can file divorce petition in this case on grounds of mental cruelty by wife.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes you may file for divorce after completing 1 year of marriage. Youbmay apply early if there are some extraordinary circumstances ie threat to life etc.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

You may a Divorce Case if she is leaving separate on the basis of cruelty due to non existence of sexual relations or denial for sexual relations.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Dear Sir/Madam,

You are suggested to file the case of divorce in the family court of your area under the grounds of cruelty. Also, submit an humble application to police authorities regarding the day to day torture created by her and apprehension of false cases under women oriented laws by her. Also, pray for the adequate opportunity to put your version of case before any action against you or your family members.    This application can be sent by post, but preserve the application and postal receipt. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been again subjected to fail attempt of second marriage life.
  2. I would like to apprise you that you cannot seek divorce till the completion of one year of marriage at present.
  3. But, yes, thereafter, you can file a petition for divorce on various grounds of mental cruelty and desertion too.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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