File for divorce on grounds of mental cruelty
2) wife abusing husband assaulting husband amounts to mental cruelty
3) wife threatening to commit suicide amounts to mental cruelty
4) contested divorce proceedings take 5 years to be disposed of
Planning to apply for divorce
We are looking for advice regarding filing for divorce, the proceedings through it and the possible outcomes. The issues are experienced by my cousin brother (32 years old). My brother married someone he chose (love marriage) around 5 years ago. Ever since his wedding, he has been facing some issues in his family (all related to spending money). Every small issue was blown out of proportions by his in-law's family (his wife lost her father a couple of years before marriage and is supported by her mother and elder brother, who is also married with 2 kids). Both my brother and his wife had a personal agreement and chose to live a child-free life until any one or both of them change their minds. The issues were not only about spending their own money, but there also seems to be some jealousy involved. Things blew up when both myself and my brother's elder sibling bought a new car. Brother's in-law claimed that my brother's parents bought a car for their elder son but not the younger one (the one we're discussing about now). My brother continued to tolerate everything until now. Recently, when the usual issues kept building up, both the families agreed to sit and talk it out. But, as soon as the talks started, his wife's mother went on to hit both of my brother's parents. After they left, he informed us about this and we also came to know that his brother-in-law threatened him with an iron rod hidden inside his bag. Talking about my brother's past, he informed us that his in-laws family had been threatening him for the past years that they won't hesitate to proceed legally or illegally since they (claim to) have influence. After knowing all this, with the advice of a local lawyer, we complained in the nearby police station. The girl's placed some allegations such as no kid for 5 years and some false ones too like harrasment from my brother's dad and dowry. The sub-inspector gave councelling for a day or two and closed this issue. He also pointed out the fact that, his mother-in-law was wrong to hit someone when everyone had agreed to just talk the issues out. Even after this, his wife assaulted him in their home at night and also blackmailed of committing suicide. This was handled by my brother by immediately calling "100" for police and a patrol troop was sent to calm everything down. My brother has had enough and wants to get out of this relationship. We were adviced by another lawyer that giving a divorce notice so soon after the counselling might be turned against us and to wait for a month or two and then decide. Please let us know if now would be a good time to proceed for the divorce. Whenever we are proceeding, what are the actions/allegations we can expect from the girl's side?
Asked 3 years ago in Family Law
Religion: Hindu
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12 Answers
Hello,
- There are a lot of factors that are meritorious in the case of your brother filing for divorce on grounds of cruelty.
- It would be advisable, however to have a conversation with the wife about possibility of a mutually consented divorce and file for divorce, unilaterally, if she is not amenable to the idea.
- It is not advisable to send a notice to her seeking divorce as it will give a triger to them going for complaints of domestic violence, marital cruelty, harassment for dowry etc. If your brother had decided to get the marriage dissolved, hu must proceed to file for divorce.
Dear Sir,
1) Your brother has a fit case for divorce on ground of mental cruelty.
2) Contested divorce petitions take almost 4-5 years to be disposed off.
3) Your brother should not send legal notice now, he should try to talk to his wife to get a mutual consent divorce if possible as that can be resolved within 6-18 months.
4) Physical violence, callous attitude of wife and her family and threatning to commit suicide are all mental cruelty.
5) Sir, your brother should also start collecting evidence of threats if his wife or his brother makes any.
Thank you
Any legal proceedings including threat of legal proceedings like notice of divorce is fraught with risks. Law being in favor of woman. You can only file a divorce suit which is civil proceeding. She can file 498A, Domestic Violence Act, 2005, 125 Code of Criminal Procedure, 1973 and Dowry Cases apart from claim of maintenance under Hindu Marriage Act, 1955. Given that she has alleged harassment and dowry demands, she can try to use law against you. Ultimately you will come out clean but facing the court, police and trial itself is more than punishment. Let some more time pass then try to convince her for divorce on mutual consent.
- As per Supreme Court judgment, 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 Supreme Court , Repeated threat by wife to commit suicide amounts to extreme cruelty and a ground for divorce.
- Hence, he can file a divorce petition on the above mentioned grounds.
You can contact me , if further suggestion needed.
A divorce is always based on certain factors i.e. Desertion, Cruelty, Adultery, Insanity, Leprosy, Conversion, and many more. If you move a divorce petition before the Court of Law, there you place an allegation as a ground to take divorce.
if your brother has decided to proceed with the Divorce, then in that case he needs to play smart and collect the evidence against her, which can be anything that questions her bad relation with in-laws, her character, her relationships outside marriage, and etc.
These can be audio records, chats, video record pictures, and many other things.
This will also help you out when she alleges her in-laws for demanding dowry or harassment, then you will have her chat where she admits that she will do to take revenge or anything. Same way photos that can show her extra-marital affairs or anything to extort money from you people.
In today's time Girl is powerful when it comes to taking legal action - Case u/s 498A IPC is common and Police may arrest the husband and in-laws just on the basis of the complaint. Dowry demand is another which is also non-bailable. Third is the Maintenace of the wife, where the husband is bound to bear the cost of her wife. (These are very basic cases that are mostly filed.
These all can be sorted if you sit on a mutual talk and sign an agreement, or in-laws start living seperately. If possible then file a mutual divorce, where the girl accepts that she doesn't want to live the an and she will not file any case against her husband.
1. Instead of going ahead with the contested divorce, let the couple opt for Mutual Consent Divorce, which saves time and money.
2. All the disputes can be resolved peacefully and the divorce can be obtained within short span of time in case of Mutual Consent Divorce.
3. Division of assets, maintenance/alimony, stridhan, returning of jewels, etc.. can be resolved amicably between the husband and wife through MOU to be signed before filling joint petition for Mutual Consent Divorce.
Divorce is a legal right and can be explored at ant time. There is no favorable or adverse situation for the same.
So if he wants he can file the Divorce suit now.
1. If your brother has decided to terminate his matrimonial relationship with his wife, there is no reason for waiting any further.
2. The counselling done by the police has nothing to do with the divorce suit to be heard by the court.
3. File the divorce suit on the ground of cruelty submitting evidence in support of your allegation.
4. Collect evidence in the from of audio/video recording to prove your point.
5. Engage a local lawyer having expertise in this field.
Your brother can file a divorce case immediately also if the situation is intolerable and it may not be feasible anymore to live with her in the marriage.
There is no reason that he has to wait anymore to decide about filing a contested divorce cae on the grounds of cruelty.
He can make a mention about all such events that had taken place in the past a well as in the recent past.
In retaliation she may resort to give false dowry demand complaint against him and his parents.
In that event he may first obtain anticipatory bail and then challenge her false cases on merits in the trial proceedings.
In matrimonial it is advisable to go for divorce by mutual consent. The lawyer should be able to convince to go for mutual divorce.
Regards
G.Rajaganapathy
High Court of Madras
If your cousin feels his marriage is irretrievably broken down, he may very well file for divorce. However, it is not advisable to initiate any criminal action by lodging a police complaint at this stage, which will only be a waste of time and effort.
