• I want divorce as I can not live with my wife anymore

We got married 10 years back. Since then we are facing compatibility issues, which are simply growing up. My wife is more influenced by her parents who believe in various superstitions and urge my wife to follow them as well, (like tantra mantra etc) . She is an MCA graduate and has worked in an MNC in for around three years. I though she believed in modern values, because my family is also open minded. Just after marriage my wife wished to be pregnant. Though i was not ready and asked her to wait a year, but she insisted. I had to give up to avoid conflict.
I have always given up so many times to avoid various conflicts. Most of them are based on our belief systems. I am now on anti depressant. My parents are no more. Only my daughter is there as my sole blood relation.

I can not with stand my wife's presence as she is always nagging me for petty issues.
Please suggest how can i prove my self worthy of a divorce. Please help.

Nishchal Sharma
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

File for divorce on grounds of mental cruelty 

 

 

2) wife abusing husband amounts to mental cruelty and is ground for divorce 

 

3) wife doing black  magic amounts to mental cruelty

 

4) seek joint custody of your daughter  

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Dear Sir,

- Ground for divorce can only be cruelty from female partner or medical incapability.

- Rest of details can be shared once understand the evidence in hand.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

In case your wife also longs for separation, both of your can go for mutual consent divorce, which is the most hassle free and expeditious way of getting out of the present situation. In case she is not ready for mutual consent divorce, you will have to contest a case of divorce against your wife on grounds available to you under the Hindu Marriage Act

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1) For to apply for divorce you both have to live separately atleast for six months from each other.

 

2) You need to have more reasons which you have mentioned above is not sufficient.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hi,it is advisable to file for divorce on the grounds of mental and physical cruelty..However,these grounds are less considered by court but still there is a possibility for divorce 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hii

1. You don't have to prove  for divorce.

2. You need to prove only speration for divorce. For one side filing and fight you need two years of separation and for filing under mutual consent you need me to one year speration.

3. You can file for judicial speration in the Court.

3. For cruelty your points to be proved such as...

Cruelty In Eyes Of The Court:

There are various grounds for claim on basis of cruelty and types of cruelty, which are identified by the courts in their various judgements, and the courts provide a legal backup for the sufferer in this sense. They have given following explanation within the scope of cruelty under section 13(1)(ia);..

All the best

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

you can file for contested divorce on grounds of cruelty on above mentioned facts. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

A divorce petition should be filed in the family court on grounds of cruelty and irreconcilable differences and you should part ways with her.

Live separately from her. She might file false cases against you.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

See since constant nagging is there and wife is doing superstitious activities you can file a divorce on ground of cruelty and also can seek custody of your child for welfare of  the child.

See record some evidence of her cruelty, fights and activities to support your case in the court.

Also  you can try if she  agree for a mutual divorce. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

if you want to eliminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc. 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

For the purpose of making an application for grant of divorce, you have to demonstrate to the Court any of the grounds viz. Cruelty, Adultery, Desertion, Mental Disorder etc. as provided under the law. If you want to invoke any of these grounds for divorce, you will be required to demonstrate that owing to such reasons the marriage has been irretrievably broken down and there is no scope for living together. It is likely that such a petition may be contested by your wife. Such proceedings should be initiated at the earliest before the wife files any such proceeding, to be in your best interest.
There is also the option of mutual divorce where both of the parties come together with a joint petition for a decree of mutual divorce.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If such petty issues are not very serious then you may give another chance to your marriage to save itt at least for the sake of your daughter.

From your contents it appears that there is no serious issues between you and your wife except from some trivial issues.

You can always solve them at least by consulting a  marriage counselor and make things straight.

If all your efforts fail to invoke a positive response and if you feel aht it will not be possible to live with her and continue the marital voyage with her then you may plan to dissolve the marriage by a decree of divorce on the grounds of mental cruelty, first you can ask her if she agrees for mutual consent divorce, if she is not agreeing then you can file a contested divorce case.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client 

You can file divorce on basis of mental cruelty caused by your wife over a period of time due to which you are depressed and taking anti depressants.

But my suggestion is that you and your wife should go for counselling or mediation to avoid court harassment as she will also file counter cases on you of your file divorce and you should prepare yourself for those also. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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