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syam sankar   30 May 2024

Divorce for men

I am married for 12 years. I have a daughter 10 years old. Myself and wife are having frequent fights. I have severe back pain and for couple of years and I work outside India. My wife  has OCD behaviour and keeps shouting at me am am fed up due to which I have got hypertension. I want to life alone for my daughter. I asked my wife to give divorce but she's not ready for a mutual one and says will never give as she's unemployed. What are the provisions under which am eligible to get divorce, as wife threatens she will never give me divorce.


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     31 May 2024

If the situation is intolerable and makes it difficult to continue the married life then you can file a contested divorce case on the grounds of cruelty.

You do not have to beg her to give divorce, let she challenge the  contested divorce case in court of law

syam sankar   31 May 2024

Thank you for your reply Sir. 

My daughter is 10 years old now. I am worried about she will be taken care in my absence, Since I work abroad. I have an ailing mother who doesn't stay with me , so what will be the best option for my daughter of I go for contested ?

Dr. J C Vashista (Advocate )     31 May 2024

If the situation is out of control you have the only option to file a suit for divorce, let her contest.

Seek custody of your daughter if your wife is unwilling to handover. 

T. Kalaiselvan, Advocate (Advocate)     31 May 2024

If you are worried about your child's health, welfare, education and other issues, you can very well file a child custody petition under guardians and wards act. 

You have to substantially prove that the child's welfare wil be at peril if left with the mother especially in the given nature and behavior of the mother.

P. Venu (Advocate)     01 June 2024

A contested divorce requires that there ought to be cause(s) action leadinng to marital cruelty. Your posting suggests none.

So also, mothers have preference of custody in respect of young children, esp. daughters unless there are exceptional situations.

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