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naveen koyyana (Employee)     17 May 2009

divorce on mental cruelty

Ours is arranged marriage in Feb 2004, both Hindu. I have a son in Mar 2005. My wife behaves like a psycho accusing me of having illicit relations with all women in the earth even not leaving my sisters. She uses filthy language and always curses my family members without any cause. she even bit me twice for which I slapped her in return in angry. I am a govt employee. My wife always says that she will commit suiside and write my family members names. She is living with her parents from Apr 2007. I thought She will raelaise after some days.  When my son turned 3 years, keeping his future in mind, I have applied in a school and gone to her village to talk to her with a earlderly person of the village. Her Mama has also came that day. After hearing everything, everyone said that she and her parents are wrong. but she is not willing to come. 

At present, I am tired of thse and decided to file divorce. I have someI have some vice recordings of my wife's abuses. will they work as evidence. swill I get divorce in this case

when  



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 4 Replies

Swami Sadashiva Brahmendra Sar (Nil)     17 May 2009

you may proceed for divorce.  tape , though can not conclusive, it will help in coraboration of other evidences.

adv. rajeev ( rajoo ) (practicing advocate)     17 May 2009

U have to file a divorce petition against ur wife. Grounds for the petition are 1) Crueality  and 2) is desertion. U have to prove the crueality before the court, but it is very difficult, so desertion ground is better because your wife is living with her parents since Apr 2007.

Normally court will not grant the divorce, there will be a reconciliation stage.  Court will try to convince both the parties to live.In that stage u can tell before the judge whatever u have suffered from ur wife. 

Saifullah.C (Advocate,Chennai)     17 May 2009

dear sir, I have gone through your query. to proceed by facts as stated  by you. your wife behaviour is very unfortunate and sorry state of affair. you can file a divorce petition under relevant grounds of Hindu marriage Act. the time factor depends upon how your divorce proceedings goes on and it also depends upon the lawyer you engage and the judge who hears your case.regarding the evidence that is in your possession had to be dealt during the trial stage of your case.

D.V.RamaKrishna (Advocate)     17 May 2009

Mr. Naveen,

I feel sorry for the state of affairs you are in as of now. In so far as your plans to file a divorce petition against your wife, I advice you to be cautious in whatever action you may want to take. You stated that you are a government employee and if at all anything goes wrong your career would also get affected. But before taking any action, try to talk to your wife  once again with the help of elders from among your side, your wifes side and also elders from your community.Write her a letter asking to join you and lead matrimonial life. Even if all these actions do not frutify then instead of filing a divorce petition file a petition for restitution of conjugal rights. If your wife is not ready to join you then you can file a divorce petition. I am saying all this because in case you file a divorce petition straight away there are chances that she may try to implicate you in a false 498A case, in which case it would only worsen the matters instead of solving the problem.

Also please bear in mind the future of your son.

 


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