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Mouse (Mousea)     25 November 2011

How to get divorce if wife refuses to leave matrimonial home

I want to file for divorce on the grounds of mental cruelty. Sometimes my wife says that she will agree to mutual consent, then backs off. She also threatens to get me and my mother arrested (not sure on what basis, either dowry or DV) I have neither taken dowry nor ever used any kind of violence. Although she has only verbally threatened me, i don't want to take any chance and file for divorce.

I spoke to a lawyer over phone, who said that its not possible to file a divorce case if both of us are living together. She refuses to leave the house and I have nowhere to go. I feel completely trapped and suffocated.

Is there a way to initiate the divorce proceedings even when my wife is living with me?

Another question I have is about how to prove my point in court? She has been constantly abusing and threatening me any my mother (who is sufferening from a serious illness). Everything happens within closed doors and there is no evidence of whatever I may say. 



Learning

 18 Replies

Aishwarya (Teacher)     25 November 2011

seek a psychologist or go for counselling instead of divorce who can change ur wifes behavior. and one who can tell how u feel and get hurt becoz of her attitude ..

Mouse (Mousea)     25 November 2011

Thanks for the advice, but this was not what I am seeking. My question is:

Is it possible to file for divorce even if my wife is staying with me?

Aishwarya (Teacher)     25 November 2011

Then legal experts may help u if ur decision stands firm to get divorced..

Dharmesh Manjeshwar (Advocate/Lawyer)     25 November 2011

yes ...... u can file for divorce on the grounds of cruelty even if ur wife is residing with u ...... but be ready to face the music thereater .............................


(Guest)

yes u can, subjected to prove as burden of proof lies on u only if u take the ground of "Cruelty".

apart for that, u can also take some other grounds alongwith supra ground.
 but before that b sure, what u r doing!!

contact with me, if feel any problem.

 

Manoj Kumar (Advocate)

Delhi.

Ph: 09310443650

Email: advocates.agra@gmail.com

1 Like

gaury..fight to win (Education)     25 November 2011

But why is she saying so.Please express the whole facts, only then you can get proper remedy from experts here.

rajiv_lodha (zz)     26 November 2011

There is no use of taking the pluge now, suspend it for some time:

1) 1st of all, try ur best to save the marriage, if not possible then go to step 2

2) Collect as much evidence as possible to prove the cruelty, may be video clips, voice records, MLR if there is physical violence. U have to prove the cruelty if need be....not an easy task.

3) Try to move in a rented accomodation away from ur mother's house, if possible. No point fighting a divorce case with the wife inside ur house!

Keep updated!

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 November 2011

Dear Mouse

yes, you can filed the divorce petition against your wife but you should have very strong point to prove

if you have and it is your final decision then filed

1 Like

Dr J C Vashista (Advocate)     26 November 2011

Dear Mouse,

Of course you can file divorce on the ground of cruelity provided you can prove with evidence.

Another option if you find workable, why do you not try and save your matrimonial life by reconciling, conselling and mending her as per your family traditions, values and culture.

1 Like

Sudhir Kumar, Advocate (Advocate)     04 December 2011

You can file

Anil Kumar (IT Professional)     04 December 2011

Friend,

Plz bring the mobile (who record the voice) or any voice recorder (Sony voice recorder) to tape your wife's threatning. If your wife still live with you, you can file divorce on the ground of mental cruelty. Better is go to any good lawyer. (My mean to say "Good Lawyer" not any ordinary lawyer)

And don't be loose you mentally balance in any cicumstances and not use any abusive language or heating arguments with your wife. Simply when you wife going to rude record the voice n make it evidence n produce in court . Law is gender biased in case of Dowry or Domestic violence or in 498A.

Manoj (Personal)     12 December 2011

Hi - you can file for divorce even if your spouse is residing with you. You should consult a proper lawyer who will provide proper guidance. As others have rightly said, there should be strong evidence that will support your case like, letters, IM chats, verbal duels etc.


(Guest)

Keep on recording the threats and bad behaviour, this would be helpful in future if something bad happens!!

Tajobsindia (Senior Partner )     12 December 2011

@ Author,


I believe in direct coming to point to save professional fees levied on clients when cometh for legal advise!!!
Reasoning: When a query appears in internet’s legal forum(s) the pre-assumption is that, the person has already covered enough grounds on social round robins till date and thus has come to 3W’s to search / to find discreetly remedy to h/er marital issues that s/he stumbles upon researching on internet and telling h/er to follow social paths is itself ‘cruelty” per se. Just feed h/er the 27 mm. + 1 bonus picture (read as below grounds) and if s/hr have really made up h/er mind then s/he would discuss with family and will land in your chamber door eventually or will leave internet legal forums and start fresh h/er life and treating such authors / queries like a bachha / bacchia ki query is probably not the right amala douche therapy offered in professional practice. But that was mine approach and each one of ld. you may differ Constitutionally but fundamentally will agree to disagree being as always politically correct like we say at lunch time …. whatever…….J  
 

The gyan in its so called short wave length format:

Basis of it: In situations where means to end justifies self societal survival expectations deeds here cometh direct reply on how to achieve those means !

 


Background thus achieved:
First understand that the legal conception of cruelty comprises two distinct elements firstly, the ill treatment complained of and secondly the resultant danger or apprehension thereof. The moment you implant
50:50 benchmark in the minds of a Judge the case is all yours on mental cruelty in asked so called tough circumstances.

 


Now the process flow of why and how of it?


1. Seek assistance of a Family Court persuasive Advocate services.
2. File a petition under S. 13 (1) (ia) HMA

3. Serve upon her the process service as Dasti service to your address. In case of refusal by your wife the Process Server will record such refusal which will come handy later on during trial.
4. Seek ex-party injunction of non-communication of social nature on admission hearing date citing wife and husband living under same roof and here one party filed for divorce and apprehends counter blast from another party and possible ‘injury’. Baas itna kafi hai injunction ke liye aaz kal ke Bharat Ratna laws ke beech mei…..

 


Here cometh how of it (i.e. mental cruelty divorce) K

 

Because of cherry picking following one 'ground' i.e. the one which is more closest to your private histories and that one ground is just enough to prove your case instead of all in sundry making your paper book plaint copy look and feel like volume one - version one - only my marriage and nothing else – but ithi ahi Ramayana showeth in 1 index page + 1 memo of parties page + 1 summery with date time event page + 1 photo of marriage / wedding card as annexure page + 5 page plaint + 1-1/2 page affidavit + 1 adv. vakalatnama page PERIOD......

 

 

Ground 1. Wife making unfounded allegations with intention to hurt her husband - as to womaniser, drunkard, badmas before his friends and family members etc. Amounts to cruelly. Husband entitled to a decree of divorce on ground of wife's mental cruelty.

Standard of proof required – Any one of your friend and or a family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 2. Wife nagging the husband in presence of friends and relations - Falsely alleging illicit relation with office colleague. Amounts to cruelty. Husband entitled to a decree of divorce on ground of wife's mental cruelty.

Standard of proof required - Any one of your friend and or a family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 3. Wife deliberately making baseless and irresponsible allegations of manliness on the husband. Amounts to cruelty. Husband entitled to a decree of divorce on ground of wife's mental cruelty.

Standard of proof required - Your affidavit and or any one of the family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 4: Wife referring to a husband as the incarnation of 'Ravana' threatening him to insults in front of his friend and in front of his family. Wife held guilty of cruelty.

Standard of proof required - Your friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 5: Wife constantly insulting the husband - neglecting home - not to cook meal in time - decline to preparing tea for the friends / extended relative visits - false allegations in front of them. Husband entitled to a decree of divorce on ground of wife's mental cruelty.

Standard of proof required - Your friend and or a family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 6: Wife insulted, slapped the husband - threatened to commit suicide - not allowing him access to home from return to office – ill treat him etc. Her acts amounts to cruelty. Husband entitled to a decree of divorce on ground of wife's mental cruelty.

Standard of proof required - Only one neighbour’s statement and or a family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home!".

 


Ground 7: Wife has harsh tongue - use obscene and offensive language towards husband / his relatives / his friends. Wife held guilty of cruelty.

Standard of proof required - Your friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 8: Wife is despised the husband for having dark complexion - called him as drunkard in front of his family / neighbour / friend – constantly insults and naggs him in loud voices. Wife held guilty of cruelty.

Standard of proof required - Your friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 9: Wife burned the husband's thesis for PhD (even allegations of buring specialized study books will do here!) - abused and calling names in presence of others - wife's conduct amounts to cruelty.

Standard of proof required - Your friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 10: Wife refusing to prepare tea for the friends of the husband and causing mental torture and humiliation before them. Wife held guilty of cruelty.

Standard of proof required - Your friend(s) Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 11: Wife depriving husband all s*xual and social contacts - further alleging husband of an incestuous relationship with his cousin sister. Held that the marriage became soulless and salt less. Wife held guilty of cruelty.

Standard of proof required - Your cousin and or a family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 12: Wife coaxing husband to separate from his mother / parents - denied even s*x to him. Wife held guilty of cruelty.

Standard of proof required - Your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 13: Wife only once unwillingly allowed the husband for s*xual intercourse that also by force on wedding night / karwachauth night - thereafter she resisted his attempts - held wife impotent qua the husband. Wife held guilty of cruelty due to her prolonged conduct.

Standard of proof required - Your Chief followed family members Proof Affidavit statement by a just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 14: Rubbing chilli powder on tongue of husband followed by shouting and name calling - abuses and insults the husband and his parents. Wife held guilty of cruelty.

Standard of proof required - Your medical prescripttion to treat radio mirchi tongue followed by family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".  



Ground 15: Wife catching hold of the husband's collar - forcing him to make tea for her - throwing cup or saucer on his head - all such insulting acts amounts to cruelty. Wife held guilty of cruelty.

Standard of proof required – (Your self shot) a digital with time / date / stamp pic. and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 16: Wife loftily threatening to commit suicide and to implicate the husband and his relatives - created uneasy atmosphere in the family. This ground works best if marriage under 7 years old ! Wife held guilty of cruelty.

Standard of proof required - Your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 17: Wife not washing hands after visiting toilet. Her conduct and lack of basic hygiene amounts to cruelty.

Standard of proof required - Your and your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 18: Wife throwing ‘samosa’ on the face of husband – threatening to commit suicide- always insults husband. Wife held guilty of cruelty due to her conduct.

Standard of proof required - Your and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".



Ground 19: Wife not providing lunch Tiffin in time to husband – pressurizing him to snap all ties with his parents – coaxes him to change residence from his parents every time – reckless and irresponsible conduct causes here mental cruelty. Wife held guilty of cruelty.

Standard of proof required - Your office colleague friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 

 

Ground 20: Leaving half cook food for husband and guest, pretence of headache and ailment – flaunting, scolding and showing aggression signs of beating all relates to conduct of wife which leaves wife guilty of cruelty.

Standard of proof required - Your guest / friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 21: Wife indifferent to household duties – often go to her parents house – quarrels with husband. Wife held guilty of cruelty.

Standard of proof required - Your and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 22: Wife insisting husband to provide money for her parents – husband failing – beating husband – wife quarrelling in raised voice. Wife held guilty of cruelty.

Standard of proof required – One of your neighbor and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 23: Wife wearing revealing cloths – without panties and bra. Visiting market everyday in pretext of household shopping. Conduct of wife amounts to cruelty.

Standard of proof required - Your friend and or family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 24: Wife not visiting her hospitalized husband / In Laws when either and or all of them fell sick. Conduct amounts to cruelty.
Standard of proof required – Hospital visitor pass section book of record - your and your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".


Ground 25: Wife visiting neighbor frequently and in dubious manner without caring the feeling of the husband. Conduct amounts to cruelty.

Standard of proof required - Your and your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".


Ground 26: Wife proceeding with a stranger on motorcycle / car at evening hours – coming from deserted flat in the CGHS Society Flats complex they live in – or from neighborhood during very late hours of evening – seen together at 4 AM.  Conduct amounts to cruelty.

Standard of proof required - Your and your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".

 


Ground 27: Wife suffering from dirty and deadly disease – smell which is emitted from her nose is like that of putrefied meat – Husband could not live with her nor could perform marital functions with her. Case of legal cruelty.

Standard of proof required – A family doctor Dx and your family members Proof Affidavit statement followed by just cross examination is all that is required to get divorce from a fact that happened in "closed four walls of your home !".


Above
'ground(s)' are some of the doable ways to that means hinted in opening reply and are the most commonest happening in many a families in turmoil and are based on various SC / HC’s Judgment as to what was held under such and such (option) para and thus husband(s) got divorce from wife.  When you come to cross chosen bridge just mail me the option no. that you used and I will bingo you the Judgment and today you do not need them.

 

 

If behind "four walls" even one fact from above partial decided case ‘grounds on which divorce were granted by various Courts’ never happened in your marital life then let us say goodbye seeking divorce and suggest to worship her till next seven births with no next question asked - none replied which suggest we have no case (commercial) in hand after all and was a just fishing exercise L

 

 

PS.: Or the one and only unparalleled “bumper ground” which needs no further proof on ‘conduct based granted cruelty divorce’ is self explanatory which is fished from special memory album record room scooping its goshwara number and placed before amachi Metro Wives favs. Club as cruelty upon husband and is placed for consideration as follows K

 

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