• Want to apply for divorce on the basis of mental torture

Dear Sirs/Madams, 

I got married to my wife on 8Feb 2015. Even before the marriage our families has started differences due to little little issues. On 15 Jan 2015, my wife misbehaved very badly with my mother over the clothes we have given to her on the occasion of ring ceremony. That time I decided to quit the marriage and even decided to return everything they have given by their own wish. Her grand father was also hospitalized during that time. But we forget and decided to give one more chance. Again after marriage, she told me to take a new car and then I said let me sold my old car and take a new one. We both will contribute half half to the emi. But in turn she told me that she will ask my father to return the four lakh rupees which her family give it on ring ceremony according to their own wish( we have not asked for any sort of money or dehaj..I have the voice proof of this). I said how could you ask this money from my father. This happened on march 2015. From that time onward she keeps on taunting my every time by saying that i have killed her grand father as the money is kept for his treatment. Every time she use to pick to my shirt collars, gives me a slap....making fun of my family and also said many b ad things to me. and she keeps on repeating the same things again and again.  I am doing my Phd and begin to loose my mental balance and even thought of telling the same things to my mom and dad. But to save my relationship, i never told these things. She also said that i have taken dehaaj of 4 lakh ruppes and have taken advantage of her always. I am already suffering from this mental agony and have thought of ending up my life for the sake of my parents. Due to these, I got my liver damaged(NAFLD) and also caught up with umbilical hernia. I would have gave up my life uptill now.  My treatment is going on and she didnot even turned up once for even stand up with me. I have much more things to tell about the mental tortures I received it from her in the past one year. Recently only I told everything to my parents and she also accepted that she had said all those things in the last one year. Her elder sister is also facing a troubled marriage. Her in laws has alsoready a filed a fraud case on her family that she bring all of the jewellery to her home and then didnot came back from her home. Her in laws also called up last year and adviced us now to marry the gal of this family but i ignored which i believe they were quite right after seeing all these. I am also consulting a psychiatrist to treat my mental condition and would go for the surgery soon. I even cant stay of spending even a single microsecond with this girl. Kindly advise me what to do ? I feel like dying.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
1) return Rs 4 lakhs received from your wife at time of marriage 

2) let all her jwellery be placed in her bank locker 

3) you cannot be forced to stay with her 

4) file for divorce on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

You may go for filing divorce petition on the basis of mutual consent provided your wife agrees to it and terms conditions for it are mutually agreed upon.  Alternatively,you have to file marriage petition for divorce on ground of mental torture and harassment ,however,it will take longer if it is contested by your wife and there are chances that she may file cases under Sec. 498A of IPC or a DVC or both. 
2.Therfore, it is advised to look into all these aspects by you before you proceed further in this regard. 
Sushil Jha
Advocate, Patna
260 Answers
2 Consultations

5.0 on 5.0

Since her conduct amounts to cruelty you are free to apply for dissolution of matrimony on this ground in the court. She will be issued summons to contest your petition, whereupon she may hit back by filing false cases of dowry harassment and domestic violence. So before you rush to court you should collect evidence by recording her acts if cruelty.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

You can discuss with your family members and decide about what can be done about it.

If you do not want to continue the married life with her anymore then yo may plan to file divorce case against her on the grounds of cruelty and in th pleadings you can cite all those cruel acts done by her during the time she lived together with you in her matrimonial home. 

At the same time you may be prepared for her retaliatory acts in the name dowry demand harassment and DV cat etc including maintenance under section 125 r.p.c., maintenance under section 24 HMA and maintenance under DV act provisions too. 
T Kalaiselvan
Advocate, Vellore
35580 Answers
385 Consultations

5.0 on 5.0

Dear concerned  without any further delay file for a Divorce on the grounds of cruelty. However keep in mind the following 

A. Your wife might file a false 498A case against you and your family.
B. She can file a Domestic violence case as well. 

There are multiple solutions and steps that need to be taken to safe guard you. Hence it is suggested to connect to our office through Google for a free consulting session on your issues. 

Best of luck . 
Atulay Nehra
Advocate, Noida
1011 Answers
34 Consultations

4.7 on 5.0

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