• How to apply divorce against wife who is not ready take care of AUTISM Son (6yrs OLD)

My wife doesnt want to take care of my son who was diagnosed with AUTISM and she is scolding him saying he is mentally ill. She left me and my son who is 6 yrs old BOY 10 days back and i tried to contact her and her father to talk with my son as he is crying for his mom. She is not responding and iam consoling my son telling some lies that mom went for some work like that. I want separate from her now.
Asked 1 year ago in Family Law
Religion: Hindu

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10 Answers

Sir you can file Divorce on the ground of cruelty by mentioning specifically about she left u and 6years child ..and not ready to take care of Autism son..and if possible collect all call records..that they are telling lie to child that his mom gone for some work.. and these proofs submit in the court at the time of evidence..and take divorce and if she claims any kind of alimony or maintenance.. don't give single pany to her .for more clarification u can connect with me. 

Kavery Anand Pandharpurkar
Advocate, Bangalore
328 Answers
12 Consultations

Not rated

File for divorce on grounds of mental cruelty 


2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 


3) seek sole custody of your son 


4) take plea that wife is unfit to take custody as she abuses child 

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

Apply for divorce on the basis of cruelty. But you will need to cotest the divorce and also apply for custody of chikd stating wife is not capable to handle son.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

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.

- If she is not interested to live with you , then take her consent for mutual divorce and which granted within a short period of time. 

- Further, if you wanted to live with her then file a petition for conjugal rights in the family court

- Further, if you wanted to be separated , then file a divorce petition on the ground of cruelty and other mentioned grounds . 

Mohammed Shahzad
Advocate, Delhi
11181 Answers
149 Consultations

5.0 on 5.0


Divorce  Procedure:

Section 13 of Hindu Marriage Act, 1955  provides for divorce on following  grounds like..

  1. Having sex outside marriage, having girl/boy friend amounts to having sex outside marriage.
  2. Desertion (neglecting husband/wife) for two years,
  3. Cruelty, it can be physical or mental direct or indirect. You can file divorce on this ground.

Contact local lawyer and engage him it take 1 – 2 years for divorce case.                    

Document required…                                                                                                                   

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  8. Divorce petition.

No second marriage till you get divorce.

Custody of Child: As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother.

Likely Consequences: You have to adjust with her. Don’t give any reason to her to seek legal recourse against you. Law is in favor of wife. She has many options. She can file criminal case under Section 498a claiming cruelty or demands of dowry. There are many other things she can do if she wants. She can make an application to the Magistrate under Domestic Violence Act and obtain many reliefs. She can also seek maintenance by filing an application under Section 125 of Code of Criminal Procedure, 1973. All this she can do without giving divorce. It is not easy for you to divorce her. If she does not want divorce court cannot allow you divorce. If you file divorce you have to pay hefty maintenance amount and alimony running into lacs to her. I am not trying to scare you I am just telling you reality.

Ravi Shinde
Advocate, Hyderabad
3806 Answers
42 Consultations

5.0 on 5.0

You cannot bring back your wife for any sentimental reasons against her willingness.,

If she is not willing to take care of the autism affected son, then you cannot force her or through law.

Parents of children with autism spectrum disorder (ASD) are confronted with daunting challenges and an increased risk of psychological distress. ASD is a chronic disorder that requires parents to dedicate a considerable amount of time to care for the affected child. 

If your wife is not interested anymore in raising your autistic child then you cannot compel her.

Caring for a child with ASD can demand a lot of energy and time. There may be days when she feel overwhelmed, stressed, or discouraged. 

You my convince her and cooperate with her for raising the child together, if she is not willing then you my have to make some alternate arrangement in her absence with the child.

Divorce is not the solution for this problem.


T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

You need to file for divorce on the grounds of mental agony suffered on account of your wife's refusing to take proper care of your child afflicted with autism, based on strong material evidence, and pray for permanent custody of the child.

Swaminathan Neelakantan
Advocate, Coimbatore
2392 Answers
20 Consultations

4.9 on 5.0

You can file a motion for divorce on the grounds of abandonment, cruelty, leaving matrimonial home without any justification. However please be aware that filing a divorce petition might make life tough for you. There is also the aspect of maintenance and custody of your son. I would suggest first try out conciliatory efforts such as marriage counselling or couple counselling. Also if you dont want to pursue divorce straight away and wish that the mother comes back to home, you can file a petition for restitution of conjugal rights

Abhiraj Jayant
Advocate, Delhi
47 Answers
1 Consultation

Not rated

Dear Client, 

You can file a case for divorce on the ground of cruelty as per the facts mentioned by you.

Thank You

Anik Miu
Advocate, Bangalore
6694 Answers
74 Consultations

4.9 on 5.0

On the basis of cruelty you can file divorce

Prashant Nayak
Advocate, Mumbai
29605 Answers
121 Consultations

4.1 on 5.0

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