Hi I want to know if I can file for divorce against my wife on the basis of mental cruelty. We have been married for 7 years with 1 child Her behaviour has constantly been very unacceptable with me and specially with family members or friends or colleagues or neigbors. When’re I help my parents or get involved with any family conversations functions etc, she starts fighting and sometimes starts physical abuse. Her parents have started living near our house since 2020 and both of them are service class. She is totally involved with her parents and is mostly busy talking to them and helping them in small matters related to their family. She abuses and disrespects my parents and we are living in my parents home. How can I get this resolved ?
Stay separate from your parents in rented flat near your parents residence
2) if situation does not improve file for divorce on grounds of mental cruelty
3) wife abusing husband and in laws amounts to mental cruelty and is ground for divorce
4) wife forcing husband to stay separate from pate us Amoy re to mental cruelty
Dear Concerned,
Divorce on ground of cruelty can be filed, however, as your wife stays under the same roof as you and your parents, it is advised to plan alternate strategy so that you may be able to file the divorce once your wife is not staying with you. This need to be planned in a manner so that least is the impact of retaliatory cases which your wife will file after you file the divorce case. Alternatively, your parents can also take necessary steps to evict you and your family from their house. It is advised to speak to a counsel in this regard.
Best of Luck
If you wish to divorce your wife for causing you mental cruelty, you need strong evidence to prove your case. Though you have described her behaviour towards your parents and relatives in detail, you have not said anything specifically about her relationship with you. Before you decide on dissolution of marriage, it is better to have a one-to-one talk with her to explore the possibilities of a resolution with an open mind considering your child's future.
Before initiating divorce proceedings, try to explore chances of mutual settlement through mediation and send a humble notice to your wife asking her to take part in a mediation process. If you both will not arrive at any solution than you can surely initial Divorce proceedings by filing divorce petition on the grounds of cruelity.
- As per Supreme Court judgment, 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.
- Her said acts amounts to cruelty , and hence you can file a divorce petition on the ground of cruelty
- However, you should firstly try to reconcile the matter with the help of relatives, and if she continued said acts of abusing and insulting then you can file the divorce petition .
Dear Client,
Mental cruelty can indeed be grounds for divorce under Indian law. The Hindu Marriage Act, 1955, specifically Section 13(1)(ia), allows for divorce on the grounds of cruelty, which includes both physical and mental harm.
To file for divorce on the basis of mental cruelty, you would need to demonstrate that your wife’s behaviour is of such a nature that it causes you mental pain and suffering to the extent that it is not possible for you to live with her. The behaviour must be grave and substantial, not just the ordinary wear and tear of married life.
The Supreme Court of India has provided guidelines on what constitutes mental cruelty, including acts that cause significant suffering, disrupt communication, or intentionally undermine a person’s credibility in a marriage. In your case, the physical abuse, constant fighting, disrespect towards your parents, and her excessive involvement with her own parents to the detriment of your marital relationship could potentially be considered grounds for mental cruelty.
However, it’s important to have detailed and documented evidence of the incidents of cruelty. This can include witnesses, medical reports (if there’s physical abuse), or any other relevant documentation. A lawyer can help you gather the necessary evidence and guide you through the process of filing for divorce.
It’s also crucial to consider the well-being of your child in this situation. The court will take into account the best interests of the child when making decisions regarding custody and visitation rights.
If you decide to proceed with the divorce, I would strongly recommend consulting with a family lawyer who can provide personalised legal advice and represent you in court. They can also help mediate and possibly resolve the issues without going to court, which can be beneficial for all parties involved, especially the child.
You can file mutual or contested divorce against her
Insulting and disrespecting the parents and other forms of harassment to parents, and you are some of the grounds for divorce on cruelty.
If the situation is intolerable you may decide to proceed with the divorce case as decided.
Hello,
Dear Client,
Based on your facts and considering the circumstances you have described, filing for divorce on the grounds of mental cruelty may be a viable option to address the challenges in your marriage.
But for these you will need proper proofs and documents.
Seeking legal advice and support is crucial to ensure that your rights are protected and to pursue a resolution that aligns with your best interests and well-being.
For more details you can please take paid consultancy.
If you are satisfied with the reply, kindly give me a 5 star rating.
Regards,
Arunkumar Khedia
Advocate Bombay Highcourt.
