• (MutualDivorce case is stuck)wife is mentally torturing me after I said I can't live with her after her apparent "cheating"

We married in April 2022 and filed for mutual consent divorce in July 2023. Now she is mentally torturing and blackmailing me.
A little background. She was working abroad in gulf before we met in matrimony site and got married. She was having a close friendship with a male colleague. I once found him hugging her when I was not present and had warned her that I will divorce her. This happened same year of marriage. Then in 2023, I found that she went to Bali for a week in her vacation(She was in airline ground services). But it was only few days after going there that I found that she had gone to Bali with that same male colleague. I was working in ship at that time and I didn't have access to internet and only had basic business email facility. I tried hardest to get to tell me the truth honestly but she lied profusely , even swearing in the name of my marriage, her mother and God and saying she went to Bali alone. After two weeks I got internet and I found her messages to him in instagram(I had her login details saved in my tablet). There were signs of an emotional relationship between the two of them which gets stronger once I started confronting her to tell the complete truth with the little proof I had. Finally I decided I cannot take her lies after going through mental torture. I told her I'll file mutual divorce and asked her to home sign. Before that I had also given her one chance to fly to my home within one day forgetting all her job. But she didn't. She finally submitted her divorce papers listening to her mother and sister. I decided to give her a chance by bringing her to my home. But fights soon ensued and she started defending herself. She left to her mother's home in a week. By this time I was mentality exhausted. And I told her to either come home immediately or divorce me as I don't trust her staying in her mother's home and being faithful to me. Eventually she agreed to sign for mutual divorce. But later had second thoughts after being in her home jobless for few weeks. Following this she started begging me on daily basis in my vacation to take her back home. I refused profusely but she kept emotionally manipulating me and gaining sympathy saying she has no father and she trusted me completely. Finally I brought her home just 2 days before going back to ship. She stayed in my home for almost 6 months. When I came back from ship in sep 2024, our mutual divorce case had gone to conciliation stage. After I came from ship.(contd)
Asked 2 days ago in Family Law
Religion: Hindu

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17 Answers

Query is incomplete 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

If you have already filed the divorce case on mutual consent divorce then what was the necessity to bring her back to your home.

If you had sympathies then you could have informed court about this and gone for counseling to get the process either adjourned or withdrawn

 

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

Since you have already filed the mutual consent divorce, she will not be required to sign again and again until second motion.

As the case has not reached the second motion, you need not beg her now.

If she is not cooperating during second motion you can withdraw the case and file a contested divorce case on the grounds of cruelty and don't worry about her reaction or her non cooperation.

You can continue the case through a power of attorney agent also during your absence.

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

if your wife is not ready for mutual consent divorce file petition for divorce on grounds of mental cruelty 

 

2) wife having extra maritial affair amounts to adultery and is ground for divorce 

 

3) wife abusing husband amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

1) you can rely upon transcripts of audio recordings , messages exchanged with wife to prove mental cruelty 

 

2) wife guilty of adultery is not entitled to any   alimony 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

fi;e for divorce 

 

execute POA in favour of family member to attend court 

 

3) your presence is necessary during trial 

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

It is your own imagination that you may have to appear before court every time, you can give POA deed to your close relative and conduct the case from remote also.

As far as maintenance is concerned whether it is mutual consent or otherwise if she's eligible for maintenance you cannot avoid it.

That is a matter of trial which is not to be considered so soon.

You may concentrate on the divorce case itself properly.

You discuss with your advocate at length on all the aspects and then take a decision patiently.

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

Your questions have been addressed properly you may revert back more queries if any.

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

Yes if you file divorce she may file counter cases and alimony application. But only because of this you can’t remain silent and wait for any remedy automatically 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

Dear Client, in your case also, where mutual consent divorce is stuck due to refusal of your wife to sign and mental harassment being going on, you have a legal option to file divorce based on mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The evidence you possess before you, such as voice recordings of insults, abusive language, and the conference call where discussions of divorce were going on, can support your case. While your concern about alimony and the potential delays that may occur in the proceeding is valid, the court will consider factors like income earning capacity of both parties and the duration of the marriage before awarding alimony. Since she does not work, alimony may be given, but it's far from automatic and is often based on her needs verses your income.

You can approach a lawyer to move an application before the court to waive the six-month mandatory period for mutual consent divorce on the grounds of irretrievable breakdown of the marriage and her refusal to cooperate. If she continues to harass you, you can also file a criminal complaint under  Section 85 of the Bharatiya Nyaya Sanhita (BNS) for mental harassment or Section 12 of the Domestic Violence Act for emotional abuse. Ensure that all incidents are documented in a very detailed manner to strengthen your case. Although legal procedures are time-consuminghiring an experienced lawyer will help you navigate the process effectively and protect your rights, including avoiding any potential career disruption.

Hope you find this answer beneficial for resolving the dispute. 

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

Legal Advice Regarding Divorce and Mental Cruelty

From the facts provided, your marriage has been marked by significant emotional distress and manipulation, making it unsustainable. Below, I address the key concerns and provide a legal roadmap to help you navigate this situation.

1. Grounds for Divorce: Mental Cruelty

Mental cruelty is recognized under Section 13(1)(ia) of the Hindu Marriage Act, 1955, as a valid ground for divorce. The following aspects strengthen your case:


  • Verbal Abuse and Insults: Repeated derogatory remarks about your character and personal habits constitute emotional abuse.

  • Manipulative Behavior: Her actions, including twisting the truth and using personal information to insult you, demonstrate a clear intent to inflict psychological harm.

  • Unfaithfulness and Breach of Trust: Evidence of her emotional involvement with another person and dishonesty about her activities can substantiate your claim.

2. Evidence Collection

To build a strong case, gather and preserve the following evidence:


  • Voice Recordings: Instances where she insulted or used abusive language.

  • Digital Communication: Text messages, emails, or social media exchanges highlighting her manipulative or derogatory behaviour.

  • Witness Statements: Testimonies from family or friends who witnessed her actions.

Courts give significant weight to credible evidence, and your documentation will play a pivotal role in establishing mental cruelty.

3. Mutual Consent Divorce

If the mutual consent divorce process has stalled due to her unwillingness to proceed, consider the following:


  • Leverage Negotiations: Offer to assist with her employment or visa application only if she agrees to sign the final divorce decree.

  • Document Her Delays: If she is uncooperative, request the court to note her delaying tactics during conciliation proceedings. Courts often view such behavior unfavorably.

4. Filing for Contested Divorce

If mutual consent is no longer viable, initiate a contested divorce based on mental cruelty. While this process may take longer, it provides a definitive legal solution.

Potential Counter-Allegations

Be prepared for the possibility of false allegations, including domestic violence or dowry demands. To protect yourself:

  • File a General Diary Entry with the police documenting her abusive behavior and any past incidents to establish a record.
  • Avoid any physical altercations or behavior that could be misrepresented.

5. Maintenance and Alimony

Under Section 25 of the Hindu Marriage Act and Section 125 of CrPC, she may claim alimony. However:

  • Her previous employment and qualifications can be cited to argue her capability for self-sustenance.
  • If you have evidence of her manipulative behavior or misconduct, it can weaken her claim.
  • Courts often consider the duration of the marriage; in your case, the relatively short duration may limit her entitlement.

6. Protecting Your Career and Professional Obligations

Given your job's nature, you can:

  • File an application for exemption from personal appearance in court, citing professional commitments.
  • Appoint a lawyer to represent you in proceedings.

7. Strategic Steps Moving Forward


  1. Initiate Legal Action: If she continues to manipulate or delay the process, file for contested divorce on mental cruelty grounds.

  2. Negotiate a Settlement: Attempt to resolve the matter amicably, emphasizing mutual benefits and minimizing litigation.

  3. Engage Legal Counsel: A competent family lawyer can help you handle the complexities of the case, ensure compliance with legal procedures, and counter any false claims effectively.

Conclusion

Your situation involves significant legal and emotional challenges, but with a clear strategy and proper legal representation, you can navigate this effectively. If mutual consent remains unviable, filing for contested divorce with robust evidence of mental cruelty is the best course of action. Additionally, proactive measures to protect yourself from false allegations will safeguard your rights and reputation.

For personalised advice and assistance with documentation, evidence preparation, and court proceedings, consult an experienced family law practitioner. Legal guidance to your specific case can ensure a fair and efficient resolution.

Aman Verma
Advocate, Delhi
38 Answers

Below, I address the concerns and provide a clear roadmap for you:

1. Effect of Bringing Her Back Home Post-Application for Divorce

Bringing her home after filing for mutual consent divorce does not necessarily void the application, but it might create complications if she claims that cohabitation was an attempt at reconciliation. Courts focus on the intent and circumstances of cohabitation:

Impact on Mutual Consent Divorce: This fact can be omitted during proceedings unless she raises it. However, since mutual consent requires both parties to affirm their decision, her reluctance might stall or derail the process.

Recommended Approach: If reconciliation was unsuccessful and her behavior remained unchanged, emphasize this during proceedings to demonstrate that attempts to salvage the marriage failed.

2. Use of Voice Recordings Containing Cuss Words

While recordings of her abusive language can support your claim of mental cruelty, your use of cuss words could complicate matters:

Weight of Evidence: Courts typically consider the overall context. If her language and behavior are more aggressive and sustained, your occasional reactions might be overlooked.

Mitigation Strategy: Avoid further confrontations or use of offensive language. Document her behavior calmly and clearly without resorting to verbal retaliation.

3. Evidence of Bali Trip and Adultery

Adultery is challenging to prove without direct evidence. However, her travel with the colleague can be presented as inappropriate conduct:

Relevance of Evidence: Screenshots of their separate posts, ticketing records, and her admissions (even if partial) can support your claim of mental cruelty due to breach of trust.

Presentation: Focus on how this behavior caused emotional distress rather than proving adultery outright.

4. Concerns About Alimony

Under Section 25 of the Hindu Marriage Act, alimony is based on financial capability and need. Since she is qualified and likely to return to work:

Her Salary Potential: Highlight her past employment, qualifications, and potential for financial independence.

Monitoring Employment: To track her employment, you can check publicly available data like LinkedIn profiles, professional networks, or court-mandated disclosures if maintenance claims arise.

5. Process for Completing Mutual Consent Divorce

The mutual consent divorce process involves two stages:

First Motion: Filing of the joint petition and recording of statements.

Cooling-Off Period: A six-month period to allow for reconciliation (can be waived in certain cases).

Second Motion: Both parties confirm their intent to proceed with divorce. If she fails to appear or changes her mind, the mutual consent divorce will not be granted.

Timeline for Completion: If she attends the next hearing on January 16 and agrees to proceed, the second motion can be concluded on the same day or within a short time frame. Otherwise, the case will linger.

6. Conciliation Process and Next Steps

Conciliation is an attempt by the court to resolve disputes amicably. If unsuccessful, you have the following options:

Switch to Contested Divorce: File for divorce on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

Request Expedition: If you need to return to your job, seek permission to attend hearings virtually or appoint a legal representative to avoid delays.

Legal Roadmap:

Mutual Consent:

Prepare evidence of her earlier agreement to divorce.

Emphasize her delays and manipulation during court hearings.

Contested Divorce (if necessary):

File based on mental cruelty.

Submit evidence of emotional abuse, manipulation, and inappropriate conduct.

Maintenance Claims:

Assert her earning potential and past employment to argue against maintenance.

Provide details of your financial obligations and limited income.

Professional Commitments:

File an application for exemption from personal appearance citing job constraints.

Ensure your lawyer has comprehensive instructions to represent you effectively.

Aman Verma
Advocate, Delhi
38 Answers

You should not have brought your wife home during the pendency of the mutualconsent divorce proceedings 

 

2) if your wife has stayed in the same hotel room with her boyfriend, there is a presumption of adultery

 

3) both parties have to file the affidavit of assets and liabilities in a contested divorce. You can come to know whether your wife is working or not on the basis of affidavit filed by her in a contested divorce case

 

4) Second motion is generally after a period of six months after the first motion, where both parties, file an affidavit that there is no conciliation possible and want to divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
97223 Answers
7850 Consultations

  1. Court does not expects direct proof of adulterous conduct. Adultery is always proved by circumstantial evidence like travelling together to vacation, entering in to hotel together, in to a seclude place together or one after another, online chats etc. Submission of such proof is sufficient to obtain a contested divorce .
  2. Even if a mutual divorce is filed she can any time changer her mind. Given temperament she will certainly try to blackmail you.
  3. Your best option is collect proof of adultery and file a divorce petition. You are not required to be present in Court on every date. Thrice a year will do.

Ravi Shinde
Advocate, Hyderabad
4263 Answers
42 Consultations

She needs to attend the second motion and final order date for mutual consent divorce else the petition of mutual consent will be dismissed 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

For mutual consent divorce the condition is that you both should have lived separately from each other for a period of at least one year on the date prior to filing the case. But since you have brought your wife to your home back which indicates that you are inclined to live with her, which became an opportunity for her to pressure on you to ignore your adultery allegations against her.

If she is not appearing before court on the next date of hearing then the court may even dismiss the divorce case.

In that case you can file a contested divorce case on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
87425 Answers
2348 Consultations

Dear Client, your case presents complicated legal and emotional issues. In the context of judicial separation, bringing her home even after separation would not do much harm to the case if the separation and intent for divorce is well-documented. However, any attempt to reconcile may not be contrary to the cause of action for an irretrievable breakdown of marriage. You might want to claim that those recordings have even established mental cruelty since the use of cuss words you used sometimes, your abuser's behavior remains worse and much documented.

 

Although you do not have direct evidence of adultery, circumstantial evidence such as Instagram chats, screenshots of internal ticketing, and her admission about staying with the male colleague in Bali could strengthen your case for cruelty. Adultery need not be proved for a claim of cruelty, but the behavior and context are relevant.

 

If you get a divorce on grounds of cruelty, her employment status later may impact alimony. To keep track of her employment, you can file court orders requesting relevant records or disclosures during the course of the proceedings. As far as the pending divorce hearing is concerned, the second motion in mutual divorce is usually set six months after the first motion but can be waived on special grounds (irretrievable breakdown). If she attends the next hearing on 16 January and agrees to a divorce, the court might settle it in weeks. However, if she again changes her mind, you may convert the case into a contested divorce under Section 13(1)(ia) of the Hindu Marriage Act.

 

The "conciliation" stage referred to in the case status is an obligatory attempt by the court to mediate and reconcile the disputes before proceeding. It would be helpful to engage an experienced divorce lawyer to efficiently navigate this process, protect your rights, and hasten the resolution.

Hope you find this answer beneficial for resolving the dispute. 

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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