• Divorce from wife

We are married for 34 years. in the past, we have a lot of fights. recently. she also stayed off & in another city in my house in the last 3 years leaving me alone to stay. she hacked my phone and had got my chats, pics & video with another lady. she abused me very badly 7 beat me also. also, she took the support of all my 3 children who support their mother & not me. 
She also broke open my almirah and took my lacker keys, cash, passport, etc.
 I am going thru a lot of mental trauma because she threatens me with dire consequences of exposing my pics etc to society and relatives and returning my cash, passports, etc.
i tried for mutual consent but she does not accept the same
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

1.  You can lodge a police complaint against her for hacking in to your telephone and breaking open your locker and also for stealing your cash and other items.

 

2. Thereafter you can file a Divorce Suit against her on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

While filing the Divorce Suit on the ground of cruelty, you shall be required to submit evidence in support of your said allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

Your having affair with another person is not a legal issue going against you. Your wife can only spoil your social reputation which you shall have to fight back advancing appropriate reasons.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

File for divorce on grounds of mental cruelty 

 

2) wife abusing husband, assaulting husband amounts to mental cruelty 

 

3) also file police complaint against her under section 406 of IPC for breaking your cupboard and taking your cash , passport etc 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

We do not reply by email 

 

but post our reply on website 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

You are in a unpleasant situation. Handle the situation with much care. If she is not ready to give back the cash, passports, etc. then only available remedy is to file a case against her before near police station. If she is not ready for mutual consent divorce file contested divorce under the ground cruelty

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

If the situation is intolerable and she is not willing to give mutual consent divorce, you can file a contested divorce case against her on the grounds of cruelty and desertion.

You can issue a legal notice demanding her to return the cash and the passport she took after breaking open your locker.

She cannot do any harm or take any legal action against you for your extra marital affairs with another lady.

You can discuss with a local lawyer and proceed with the proposed divorce case against her.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

There have been plenty of lawyers who have given reply to your query, you may go through them. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You will get replies to your questions posted here here only and not to your email address. 

You can peruse the replies from this forum itself.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

File a contested divorce on ground of cruelty

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hi, you have to file a Petition for divorce on the ground of cruelty.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

1. If she is not ready for mutual consent then you can unilaterally file for divorce on the ground of cruelty, which she can contest.

2. She can also claim maintenance from you.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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