Advice on seeking steps against wife cruelty


Hi All, Need some advise. I am married from 2015. It was a love marriage. From immediately after the marriage I felt the changes in my wife. She hates my parents. She brings virtual things which really has not happened and starts cursing them on it. Like she thinks my mother puts water in her milk etc, there are many reasons... She thinks and this is not real at all.. My family has never disrespected her or her ideologies. She talks filthy things about my parents. She gives slangs to them and tells me always to leave them.

My point is clear, my parents are growing old and I cannot leave them. Further, she mentally harassess me and physically hits me many times. She is a very angry woman and once she gets angry, she can do anything.

I have told all these things to her parents but her mother dosent seem to care and thinks what she is doing is ok. She herself blames my family.

I am really frustrated,, I want to go for divorce. How should I approach.

 
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Sir

Your case is one of irretrievable breakdown of marriage. As Hindu Marriage Act does not per se recognize irretrievable breakdown of marriage , you may file an application u/Art. 142 of the Constitution before the SC that as your marriage has broken down completely (instances show it), you may be granted a final divorce decree on grounds of cruelty u/ Explanation to Sec. 13(1) (iii) HMA.

Alternatively, you can file for divorce on grounds of mental disorder/insanity. However, please remember that proving mental imbalance/insanity is more difficult than obtaining a divorce decree on IBM.

You may e-mail me all your queries (if any) at basu_kunal@hotmail.com. I will be more than delighted to assist you out.

Regards

Advocate Kaybee

 
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Advocate

Workout with your wife for divorce by mutual consent to be filled jointly. The facts mentioned in your case are not sufficient enough to get you decree of divorce individually.

 
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FIN

You can although proceed as suitable to you e.g; ending the wedlock.

However prefer counseling by neutral elders of the family, well wishers, mediators and panchayat members if there is any…………….try to save the marriage……….and avoid litigation.

 
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FIN

 

Do you have irrefutable evidences of all points that you have posted in our query?

If yes these are instances of Cruelty and valid ground for divorce.

Keep irrefutable evidence of all efforts and unshakable witnesses by your side…

I am sending you a few links and you may pick up the relevant points…..

You may also search on your own and you may come across many cases falling flat in court of law since either of the spouse is unable to establish the charges..

 
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FIN

 

There are families and spouses and Lawyers that don’t rush to courts empty handed…… e.g;

http://www.lawyersclubindia.com/forum/Dv-filed-by-my-daughter-in-law-dismissed-168693.asp

Take inputs from such parties ….

Such parties may be at your location as well

then there are many help groups, forums for spouses....

 

One and anyone should avpid jumping to litigation on impulse..

 
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Apply for judicial separation.

 
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RETIRED JUDICIAL OFFICER

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

 
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