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Mary (lecturer)     14 October 2013

Divorce under indian law

I would like to know if under the indian law it is a ground of divorce when the husband keeps on asking for money to his wife making their economical life unstable with his crazy business, if he often throw things on the floor when he gets angry for stupid reasons, if tells her that their marriage has been  a big mistake if he asks her to quit her job because she works in a different state but he can not support economically her and he doesn't want to move where she works, if he keeps on saying that their marriage doesn't have any future. thank you


 6 Replies

sandykrish (Interested in Family LAW)     14 October 2013

Sorry, this are all reasonsble wear and tear in any marital life. Yes you csn file petition based on mental cruelty but thid could be either dismissed or if you hudband wants to drag this case he can drag for 6-10 years. Now you have decide which is better option. Good luck

T. Kalaiselvan, Advocate (Advocate)     14 October 2013

Ms. Mary,

How long have you been married and from when onwards you are facing this cruel and hard situation? If you feel that his tortures are beyond tolerable, you may either convince him of the problems he creates where normal life is affected and ask him to change his behavior, in case he is hard to be convinced and not amending himself and if you feel that everything is enough with him, then you may approach the court of law for divorce from him on the grounds of mental and physical cruelty.

Mary (lecturer)     14 October 2013

Dear Mr Kalaiselvan,

I have been married since 6 years and his behaviour has become worst after the first year marriage. I spoke to him several time but he never changed and he become more aggressive so that I felt ill and I started been worried that he could also use his hands against me. He got angry easily for stupid things and he accused me for everything. I have decided to live alone for protecting myself from him and I have not seen him since last 2 years. I have asked him the divorce but he didn't accept it.

I would also add that he considered having a baby with me a big mistake, that during the first year marriage I took a big loan for giving him money and supporting him and he told me that he wishes that I will have economical problems so that he will enjoy and he will not help me.

I don't think that he behaves as a normal husband and I really would like to know if there is a chance to get the divorce (even if it takes 6 years) from a such bad person.

Thank you for the advice

Mary (lecturer)     14 October 2013


Dear Mr Sandykrish,

in wich case my petition can be dismissed? I can proof that I have loaned him a lot of money and he bought some land under his father's name, he bought a car to his sister and he started a business under his brother in law name. I ca also proof that he threw things around, that I was hospitalised for a serious health problem and he didn't come to visit me, that I got depression because I verbally abused me. Even if it takes 10 years I want to divorce from him. I don't feel proud of such kind of husband. Thank you

santhosh.g. (advocate)     14 October 2013

economic abuse is a ground for filing a case under protection of domestic violence against women before a judicial magistrate court. it also a ground for filing divorce petition under the grounds of crulty. you can file this two cases simultaniously provided if you have evidence for ecomomical abuse. abuse in the meaning by mouth and physical. 

T. Kalaiselvan, Advocate (Advocate)     15 October 2013

Ms. Mary,

As you said that you have not heard of him for two years as on the date, You have got a good case to file divorce case against him under the grounds of desertion, in which you can add cruelty and economic abuse etc.  This is a fit case  for divorce, contact a good lawyer in your locality and go ahead.

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