• 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 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
7270 Answers
82 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
28450 Answers
1542 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
13913 Answers
309 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
18663 Answers
176 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
19897 Answers
519 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
4204 Answers
153 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
3303 Answers
51 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
18663 Answers
176 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28450 Answers
1542 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13913 Answers
309 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7270 Answers
82 Consultations

4.9 on 5.0

Nadeem Qureshi
Advocate, New Delhi
3980 Answers
158 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2069 Answers
24 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
74 Consultations

5.0 on 5.0