Mental agony given by wife
3 months ago
My brother is suffering from mental agony by wife since 10 years...kindly guide me in this matter.
A.Dear Client,
If the mental agony of your brother arising out of ill-treatment or misbehavior of his unruly and errant wife has now reached an extreme level having no scope of reunion despite possible efforts, you may consider judicial separation or divorce on the ground of mental cruelty to resolve the matter permanently. Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The behavior of the other spouse must cause apprehension in the mind of the appellant. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, your brother can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. If the couple has a child from their marriage, the wife may also demand maintenance for the child. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
If the mental agony of your brother arising out of ill-treatment or misbehavior of his unruly and errant wife has now reached an extreme level having no scope of reunion despite possible efforts, you may consider judicial separation or divorce on the ground of mental cruelty to resolve the matter permanently. Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The behavior of the other spouse must cause apprehension in the mind of the appellant. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, your brother can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. If the couple has a child from their marriage, the wife may also demand maintenance for the child. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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A.Dear Client,
If your brother is experiencing prolonged mental agony due to his wife, it's crucial to approach the matter with sensitivity and care. Encourage him to openly communicate with his wife about his feelings and concerns, seeking a resolution through dialogue. If the issues persist, consulting a marriage counselor or therapist can provide professional guidance in understanding and addressing the underlying problems. Additionally, if the situation escalates and becomes unbearable, your brother may want to consider seeking legal advice regarding his options, such as counseling, mediation, or in extreme cases, legal separation or divorce. It's important for him to prioritize his mental well-being and explore various avenues that may help improve the situation.
Thankyou
If your brother is experiencing prolonged mental agony due to his wife, it's crucial to approach the matter with sensitivity and care. Encourage him to openly communicate with his wife about his feelings and concerns, seeking a resolution through dialogue. If the issues persist, consulting a marriage counselor or therapist can provide professional guidance in understanding and addressing the underlying problems. Additionally, if the situation escalates and becomes unbearable, your brother may want to consider seeking legal advice regarding his options, such as counseling, mediation, or in extreme cases, legal separation or divorce. It's important for him to prioritize his mental well-being and explore various avenues that may help improve the situation.
Thankyou
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