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Need Clarity on Divorce related questions

(Querist) 01 October 2017 This query is : Resolved 
Is it possible to file divorce while staying with wife? If not, what's the alternate? What legal action wife can take if husband leaves the house and starts staying away? Note- Husband and wife staying together since; wife is not allowing husband to move out and stay separately and keeps on harassing him mentally and physically both? Husband has videos captured as a proof of cruelty. Can he file the case on the basis of video proofs he has. Even if his wife is not letting him move out of the house and stay away? Marriage was solemnized in Punjab however; both are residing in Delhi due to their work locations.
Ms.Usha Kapoor (Expert) 02 October 2017
Except living under the same roof there is no conjugal relationship with your wife and you've video evidence in proof of that. This amounts to constructive desertion of you by your wife without reasonable cause. So you can file contested divorce on the ground of desertion and cruelty against your wife despite her staying with you like a damocle's sword hanging over your head.or making you to live with her at gun point.
Vijay Raj Mahajan (Expert) 02 October 2017
Vedio recording of incidences of cruelty are admissible piece of evidence for divorce cases however the genuineness of the recording and recorded material has to be proved according to the Evidence Act, before its cognigence taken by the court.
Desertion even if its constructive merely is no ground for divorce unless it is for 2 years or more that too has to be proved by the petitioner with sufficient evidence.
R.K Nanda (Expert) 02 October 2017
you can file divorce case in court against ur wife on ground of mental creulty.
Rajendra K Goyal (Expert) 02 October 2017
Agree with the expert R.K. Nanda.
Manpreet Singh (Querist) 04 December 2017
Have filed a divorce case on the grounds of mental cruelty from the location where I got married and left the house where I was forced to stay with wife. Now, my wife is planning to file complaint against me and my mother in women cell. What should I do?
Manpreet Singh (Querist) 10 December 2017
Experts, please help
Ms.Usha Kapoor (Expert) 25 June 2018
I stick to m,y above view.


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