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rhea   09 December 2015

Can a marriage be nullified on grounds of mental harassment


I got married this year in April , I stayed at my in-laws home for 4 days for all the functions and ceremonies. Since 28 April, I am staying with my parents in Mumbai and my In laws stay in Delhi.

This was a mutual decision as nobody wanted me to leave the job and stay with my husband. Before marriage only my husband had said that he wont b able to bear my expenses so if I leave my job I would have to stay in a town with my In laws but my in laws wanted a working girl so they asked me to take a transfer and come to delhi. As I am a employee of a private firm, transfer is not easy which was also discussed. I am staying with my parents and working in Mumbai.  I earn more than him so he cited ego problems though I never mentioned this to him. Relations with my husband started becoming sour as many confusions and misunderstandings started to happen. After many attempts to resolve this, things are becoming worse. I don’t feel to take this relation forward as I am deeply hurt by everyone including my family. My husband involved his family to sort out the issue but he himself is not taking any efforts.This marriage was not consummated as I was sick at that time. I needed time so my husband and his family started making allegations and remarks on my character. Before marriage only I had told him everthing about myself. I never has any relation still he doubts me, he himself had girlfriend to whom his parents dint approve of. To prevent the things to become more worse and avoid the remarks we stopped talking since July.

Now, his family is pressuring me and my family on the name of society and in turn my family accuses me of not being capable of handling relations properly though I dint do anything bad. I don’t feel safe and be a dependent on him and his family. What should I do ?

Is there any clause for such mental harassment ? I had contacted a counsellor too. She agreed with me for all the bad things I am going through. I don’t want alimony or any settlement. I just want mental peace. I am 27 years old and single till I got married so I believe I can stay happy as single all my life.


 60 Replies

Adv. Yogen Kakade (+ 91 9225510883)     09 December 2015


It is too early to apply for divorce in your case.. Generally to file a divorce petition you have to wait atleast for one year to complete of your marraige. 

But on certain exceptional circumstances you can certainly go for it.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

Born Fighter (xxx)     09 December 2015

Perfect example of how disastrous a marriage turns out to be when not taken seriously. Marriage is a lifetime commitment & it needs trust and respect for each other and lots of adjustments from both the sides to survive and develop thereafter.

I suggest you both should take MCD and remain single for life thereafter. Do not complicate the matter by filing legal cases as you both are working and least interested in each other. Save your time and money and buy peace by taking MCD.

1 Like

Adv. Yogen Kakade (+ 91 9225510883)     09 December 2015

But there are so many other ways to go for legal action against them.. 

Try counselling to get the solution smoothly.

If you really think that you have been mentally harassed by your in-laws, then you have so many legal provisions in your favour to take serious legal actions against them.

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in  

Born Fighter (xxx)     09 December 2015

lady is earning more than the man. By filing cases the wife will get no money from the legal route It will be wasting her time and money on Lawyer fees !!

b.goheel   09 December 2015

wise counsellor always insist fr the presence of involved person otherwise hw he/she arrive @ desicion. like hon'ble judge insist to hear involved person of both side.!!!!
in most of cases,
i ] purpose of denial is to control others under one pretext to other.
1] it may b pre-planned fr divorce and alimony,
don't aware abt urs.

rhea   09 December 2015

It was a typical arranged marriage. we got engaged in Jan without even meeting once but later we started talking to each other and had compatiility issues. He never takes any effort to take any decision. I had asked both the families to either postpone or cancel the wedding as many issues had cropped up relating to understanding and future but no one agreed citing society n all reasons.

we were trying to accept each other but dint get time. we both are aware of our issues but families are not supportive. As the guy is very laid back and cannot take any stans. he himself is creating more issues by downloading wallpapers [ that had a love poem]  from fb and asking clarifications.

asking again n again abt any relations i had. he is not supportive at all. ispite of following what families decided, I have bsing shown as culprit without any valid reasons. they want me to  vissit their place to show society that everything is fine but they are not ok to accept me if I leave my job. 

rhea   09 December 2015

Yes, I agree that both the parties should be involved for clear discussions. I asked him to go for counselling but he dint pay a heed. I tried to reconcile many times but he keeps on taunting for the only "rasma" that dint happedn because of my ill health.

Now, I cannot trust my wel being in the hands of a person who is not concerned about my well being, dnt have respect for me, not providing me, not supporting me mentally or any other way.

its like two people who met for a fucntion and living their lives like before

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 December 2015



You better stay with him till the time you cannot take divorce and collect all types of evidence of mental harrasment, if you want to get a sure shot divorce even in future, becuase if you have nothing to prove in the court of law, you will  have to face the long litigation with no result in future. 


Warm Regards 

Kapil Chandna Advocate


b.goheel   09 December 2015

@ rhea :
fail to understand hw wise counsellor get ready in absence of other. hw neutral party rely on the report.
u say u hurt bcoz of their behaviour. true bt hw do u say tht they don't hurt bcoz of behaviours of urs or ur parent and their behaviour may b a result of the behaviour of ur side.
it is like who is first hen or egg.
@ kapilji
pl describe which level is considered as mental cruelity.
bcoz in life chote mote jhaghde raha karte hai ye to hon'ble court ne bhi accept kiya hai.

rhea   09 December 2015

I am okay with small fights and misunderstanding but when there is doubt and mistrust, no relation can survive for longer. It is not like that we dint try to resolve but no efforts yield any result. Problems are increasing as his family is making stories against my family though every decision was mutual. they are not willing to let me resign and find job and delhi and stay with the guy . the guy himself is not ready to take responsibility. I was ready to fing a new job in delhi.

I am trying my bit to resolve things but no one is supportive. Now I have started to feel that he is not interested in this marriage. Before marriage too he used to say that he dint want the marriage for 2 years, he had a seriosu affair. I discussed these things with his and my family too before marriage, No one realsied the seriousness and this guy never talks face to face.He shares every minute details with his mom which I dont feel comfortable with. I told him also. 

rhea   09 December 2015

How can anyone prove mental harassment ? There are no bruises or calls that have been recorded.

All I understand is there are issues which cannot b resolved now and neither of us can b happy together. Is this not a ground for separation. I agreed for counselling but he dint.I cannot force anyone into anything. 

dineshp83 - Legal Fighter. (manager)     09 December 2015

Best Way is MCD , get away get life . Dont waste your time in court or legal cases basically you 2 cant live with each other so just leave with no hard feelings.



b.goheel   09 December 2015

hon. seniors of this legal platform give their right advice in gud faith in truthness of query, tht faith evn engaged ld. adv. does not hv. he/she try to find out truthness of own client to iprepare petition or/ defence accordingly.

Well-Wisher (NA)     09 December 2015

One thing is clear... you are not going to be Happy with the person. So sepration is the way forward. But getting MCD can be difficult as he may not agree to it easily.

So now act maturely and try to persuade him to give you his consent. Altercations will not help the situation. Who knows, God willing, during this persuation efforts you two might even get closer.

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