Divorce issue Divorce issue

3 years ago

I got married last year and after spending 1 month with her she started behaving insanely and was not interested in any thing be it work of home or other things which lead to the quarrel each day, i was in a relation with her from last 6 years but the moment i married her and bring her home she started behaving weardly and accused that my family harasses her and tortured her which was not true, every day she complained me of doing nothing and tortured me mentally now i want to Divorce her and she is not agreeing and she has gone to court and filled DV against me and my family

Also please be informed that she is suffering from BI POLAR disorder and takng medicine from last couple of years. Please advise what to do and do i have to give penalty for divorcing her

Advocate Niyas Fazal A

Responded 3 years ago

A.Do one thing I instead divorce you can file petition for annulment marriage.
That's best approach and file injunction suite for restrain her from entering into your home.
And if you are owner of any land you transfer that property to your close relatives.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi
In this case, you can file against mental cruelty under sec 13(1) (ia) of Hindu Marriage Act 1955, where spouse can either seek for judicial separation or divorce. However, you have to prove that it would be harmful and injurious to live with her.The case filed by wife against Domestic Violence will be invalid which she is suffering from BI POLAR.
If you found this helpful,please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Amar Nath Mishra

Responded 3 years ago

A.YOU CAN file APPLICATION BEFORE ON LOCAL POLICE AND WANT LEGAL ACTION
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi
In this case, it is always advisable to sort out the differences betwen the parties. If both the parties feels strongly that you cannot live together then you can file case on Under Section 13 (1) (ia) of the Hindu Marriage Act 1955, either spouse can seek divorce or judicial separation on the grounds of cruelty, which includes mental cruelty. The Domestic Violence filed by your wife will be invalid after proving that she is sufferig from BI POLAR.
If you found this helpful,please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSpouse having affair in her office
Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.
question iconSister troubled marriage, Hate, abuses and constant threats
Dear Sir, Your sister requires family counseling and you may arrange for the same and give her all required moral support to solve her personal problem.
question iconEx Parte - Set aside petition time limit
Dear sir By enclosing application under Section 5 of Limitation Act seeking condonation of delay application under order 9 Rule 7 CPC may be submitted.
question iconDivorce - After tero certificate is there any procedure left to do
Dear Sir You have to consult local lawyer having knowledge about local laws which are some what different from laws prevailing in other parts of country.
question iconRegarding divorce
Dear Client, A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives equally and justly. A Muslim man can marry up to fo...