How you want to go as per the Muslim Personal Law and divorce as per Muslim law or Kazi involved or As per the Special Marriage Act.
How to get separated
I got married on 2014, i don't have children we were living in Pune marriage started with allegation from 2nd day, then also i pulled this relationship for around 2 years with so much pain. in 2015 wife operated on uterus without telling my family, I have blindly singed on as per doctor suggested but doctor operated with 14 stitches, then also keep quite i did not said any word, after that in the month of august 2016 for some reason i went to Mumbai, dropped my wife to her relative where she got fractured when i asked how she got fractured she said slipped in bathroom, but as per doctor this is not possible because its major fractured doctor have to put the rod with the plate. Till now she didn't explained me how that happened.i believe if as wife she cannot share how can i trust her. I have paid the hospital bills as well it was around 1.25 lac, as few months passed her on some argument her uncle raised hand on my father, then we tried to sort out, both the family members counselled. I brought her to my home and since then every day fights started, for almost 2 weeks, then told her to go home and comeback when she is fully recovered. after that she called my father started shouting and talking slang word, then now i have decided to close this chapter here. i don't want to continue this relationship Can anyone help me how get separated/
Asked 4 years ago in Family Law
Religion: Muslim
14 Answers
File for divorce on grounds of mental cruelty
2) wife abusing husband amounts to mental cruelty and is ground for divorce
3) rely upon audio recordings, messages exchanged with wife to prove allegations made in divorce petition
Please file divorce petition in Pune Court on the ground of cruelty under Hindu Marriage Act 1955.
Or you may get separated under section 10 of Hindu Marriage Act 1955 by an order of court for Judicial separation from Pune Shivaji Nagar Court.
1. It's better to opt for Mutual Consent Divorce ( Mubarat ). When a Muslim couple are not ready to live together anymore and want to separate, then they can dissolve their marriage.
2. Either the husband or the wife can make the offer of divorce and the offer of divorce has to be accepted by the other spouse.
3. Iddat period is mandatory before approval.
4. It becomes irreparable, once it's accepted by the other partner.
5. A Muslim couple can opt for dissolution of their marriage by Mutual Consent by making use of the Dissolution of Muslim Marriages Act 1939 also.
since you are interested in terminating the matrimonial knot, therefore, 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,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you can file contested divorce on the grounds of mental cruelty but it will take around 3-5 years,
once you file contested divorce she may file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- As per your submission , it is looking that you and your family members are subjected to cruelty from your wife and her relatives, and which is a ground of divorce legally.
- Further , your father can lodge a complaint before the police for the illegal acts of her relative.
- Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.
- If she is not interested to live with you , then take her consent for mutual divorce under Muslim law or a Khula .
- If she refused , then file a divorce petition under the Dissolution of Muslim Marriages Act on the above mentioned grounds.
You can connect me via kaanoon.com , if need further suggestion.
You can file separation application in family court and get separated. You can also file divorce after 1 year of separation.
First of all file a GD against her uncle and against your wife in the local PS, also mentioned there that she left her matrimonial home. File a divorce case on the ground of cruelty.
Regards
Dear Sir,
You are suggested to file the case of divorce on the grounds of cruelty in the family court of your area.
Record all her acts of misbehaviour and abuse than can file for divorce and use these recording in evidence.
You need to File divorce petition on ground of mental cruelty against your wife, mention all the detailed incidents in petition for divorce.
you can file for divorce on the grounds of mental cruelty.
Don't be in hurry to file for divorce.
Visit a marriage counselor to resolve your differences with your wife. If you file for divorce and your wife is not agreeable then contested divorce may take years to be disposed off.
Whereas you can file for divorce with mutual consent with your wife, as it will take a period of 6 months to 1 year.
A divorce petition should be filed against the wife on grounds of cruelty and desertion.
Describe all events which led you to this decision.
She will file an fir and domestic violence cases. Seek anticipatory bail.
If the situation is intolerable and you feel that it will not be possible for you to continue this married life you can decide to quit this life forever.
You can consult a good lawyer in the local and file a contested divorce case on the ground of cruelty.
You can enumerate all the incidents of the past chronologically in your pleadings as your grievances and reasons for cruelty.
