• Want divorce from wife

I am  30  year old  man living with my wife and twin 16 month old boys. I want divorce from my wife. My father died of cancer 5 month ago. She didn't let me take care of him during his last days. Her nature towards my family is very hostile. I have few recording where she is saying don't take care of father, focus on me. She is healthy n fine. I also have video in which she has attacked me. Can I take divorce on these grounds.
Asked 1 year ago in Family Law from Jamnagar, Gujarat
Religion: Hindu
1. Yes these are instances of gravest kind of cruelty.
2. Hence you can file on this basis a suit for dissolution of marriage.
3. However do remember that contested divorce suit takes lots of time and hence it's advisable that you try for mutual divorce by amicable settlement.
4. Since your father has already breathed his last and if there is chance of reform in your wife then for the sake of the children you may give one final try to this marriage.
Devajyoti Barman
Advocate, Kolkata
6867 Answers
78 Consultations
4.9 on 5.0
1) you can file for divorce on grounds of mental cruelty 

2) please note that contested divorce cases take around 5 years to be disposed of . Your wife may file 498A or DV case against you as counter 

3) divorce by mutual consent is best option 

4) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
27215 Answers
1479 Consultations
5.0 on 5.0
1. Yes, you can seek decree of divorce from your wife,

2. File a divorce suit against your wife on the ground of cruelty,

3. Stay prepared for her retaliation by filing DV case and/or 498A complaint which you shall have to contest fittingly,

4. Engage a local lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
13553 Answers
291 Consultations
5.0 on 5.0
If there is a growing incompatibility between you and there is no hope to reconcile the difference of opinion or there are o chances for her to change and adjust for a happy married life with you, it will be your own decision to make a call accordingly. 
If you are living separately from her for the present, you may issue a legal notice for mutual consent divorce quoting the ever growing indifference between you both and your decision to dissolve the marriage in a easier manner, suppose she is not responding positively or is likely to initiate any other legal action against you, you better take precautions and file a divorce case on the grounds of cruelty. 
T Kalaiselvan
Advocate, Vellore
17343 Answers
165 Consultations
5.0 on 5.0
 For a wife to tell her husband to take care of her instead of his father is not an act of cruelty. It will be very difficult for you to convince the court to break the matrimonial tie on this ground. However, if you have the video recording of her attack on you then you stand a good chance to obtain divorce.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
Hi, you have to file a petition for divorce on the ground of cruelty and if you able to prove your allegation then court will grant divorce to you.
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
4.3 on 5.0
Reluctant behavior of wife towards her matrimonial home n in laws is a valid ground of divorce. You may file divorce and take custody of your children. But you have to pay her maintenance. 
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0

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