• Torturing wife

It's both me and my wife's second marriage. My first marriage lasted only for 4 days and my wives 3 years. In this relationship I am facing some sexual issues maybe psychological due to the problems in my first marriage. Now my current wife is causing problems and acting aggressively. She is arguing for simple reasons with me and my family. I am recording all her talks which denote that she is having a very hostile approach. I am also thinking of keeping a CCTV at my place which shows how she is behaving with me and my parents. We went for a counselling together and I was able to convince my counsellor that her hostile approach is causing me mental agony. Due to this I am falling into depression and taking medicine. My counsellor may suggest that this marriage is incompatible as it is causing so much problem to me and my health. If he gives this in writing will it be a valid document for divorce? Can I put a divorce case claiming that her mental torture is detrimental to me and my career? How to escape from this situation without angering her family and her too much? Please ensure I can't enrage her too much as I have a career in front of me.
Asked 3 months ago in Family Law from Chennai, Tamil Nadu
Religion: Christian
What exactly do you want ? Divorce the second wife or change her behavioral approaches to you and your family .

A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.

The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear.  Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc.  Known as matrimonial offences. As per the law as it stands our legal system does not allow divorce to be granted on the ground of irretrievable breakdown of marriage or irreconcilable differences. To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other. The most common ground for divorce is cruelty. Another common ground is adultery (sexual intercourse outside wedlock) one instance of lapse of virtue can lead to divorce.

If you want to change the behavior then approach a good physiologist and consult for changes in life.   
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1) you can file for divorce on grounds of mental cruelty

2) audio recordings of wife aggressive behaviour is admissible in evidence 

3) you can rely upon counsellor report to show that attempts were made for reconciliation but it failed 

4) mutual consent divorce is best option 



Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
you can obtain divorce if you are able to prove allegations of mental cruelty made by you in your petition 

you have to mention various incidents of mental torture committed by wife and prove it by your testimony 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other. It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce. It must be more serious than the ordinary wear and tear of a married life. Mental cruelty can certainly be pleaded to claim divorce from the other spouse even if there is no physical cruelty. The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse.

Narrate all the incidents by highlighting the mental cruelty in divorce petition. You can get divorce if you are able to prove allegations of mental cruelty.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. The report of the counsellor is not binding on the court. If you file a petition for dissolution of your marriage then you will have to prove the grounds urged by you in your petition. Mental cruelty is a ground of divorce but you will have to prove it through your evidence and the evidence of other witnesses, if any.

2. If you file for divorce it is likely that your spouse will hit back by filing cases of dowry harassment against you, in which event you should apply for and obtain anticipatory bail, 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. You can file a divorce petition on the ground of cruelty submitting evidence in support of your allegation,

2. Audio and video recordings are treated as evidence acceptable  as per law,

3. Counselor's certificate that you two are not compatible will be of no help to you in seeking divorce since non compatibility is not the acceptable ground for seeking divorce,

4. Before filing the divorce petition, you can negotiate with her for jointly filing a mutual consent divorce petition which will be decided within 6 & 1/2 months from the date of its filing. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Yes, if you can prove before the Court that you have been subjected to cruelty by her through her behaviur, you are entitled to seek divorce on the ground of cruelty,


2. You shall have to submit evidence in support of your allegation.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0

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