Divorce case from husband side

reema singh (Querist) 29 March 2013 This query is : Resolved
My friend wants to take divorce from his wife. But she is not ready to leave him in any case; her family is very criminal type. She blackmailed him emotionally for marriage. Then after marriage gradually she started torturing his family, used to give abuses to his mother and other members of the family and if my friend tried to stop her she use to blackmail him that she will file case (like dowry, domestic violence, etc…) against him and his mother. The duration of their marriage is 4 years. And after that disaster he is getting mentally tortured by her.

And now he wants to take divorce from her but don’t know from where to start and on which ground he will file the case of divorce against her. She is completely not ready to leave him in any case. They don't have any children. And they don’t have any physical relationship from last 2 years. Please help my friend in this matter and suggest him some positive solid grounds of divorce and their consequences.

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Devajyoti Barman (Expert) 29 March 2013
There are various grounds of divorce on the basis of mental cruelty perpetrated so far.
Ask him not to contemplate anymore and file a suit for divorce.

ajay sethi (Expert) 29 March 2013
contact a local lawyer and file for divorce on grounds of cruelty . refusal to have sex also amounts to cruelty .

prabhakar singh (Expert) 29 March 2013
FOR FACTS STATED A CASE OF DIVORCE ON THE GROUND OF CRUELTY CAN BE FILLED.

reema singh (Querist) 29 March 2013
on the ground of cruelty. ok thanks a lot but what his wife can do in her defence or what kind of blame can she make on him? Is this divorce can make any type of physical harm to him or his family? please reply sir.

he by himself is avoiding any kind of physical relationship with her from last two years and at times she used to force him to be physical.

prabhakar singh (Expert) 29 March 2013
Besides deciding to contest this divorce case she may fire on him cases of 498a and Dv case 125cr.p.c etc.

V R SHROFF (Expert) 29 March 2013
There are various grounds of divorce on the basis of
[1] mental cruelty
[2] desertion of 2 yrs is over as 2 yrs no relationship

So file a divorce Petition on grd of desertion and cruelty. .

reema singh (Querist) 29 March 2013
is there any requirement for my friend to make his family secure from his wife & her family beore filling a case?

Adv k . mahesh (Expert) 29 March 2013
consult a good lawyer of your area
file a divorce case then she also will follow you and will file 498a against you and your family then you have to take steps to safeguard your family