Can I get divorce from my wife
1 month ago
My wife force me to leave my parents and she want move to nuclear family, then she always go and stay to her parents house for silly reasons, now a baby was born for us for the reason she went to her parents house at last 6 th December 2023 still she didn't have idea to come back and now she force me to leave my parents if it doesn't happen she didn't come again to my house
So i have a one decision if she didn't come back, I want to give divorce to her because she always torture me mentally
A.Dear Client,
If the proposed conditions by your spouse for maintaining the matrimonial relationship are unacceptable and causing you mental harassment, you have the option to file a divorce petition under Section 13 of the Hindu Marriage Act, 1955. Mental cruelty is recognized as a ground for divorce, and Section 13(1)(ia) of the Act allows either spouse to seek divorce on the grounds of cruelty.
The concept of mental cruelty refers to a course of conduct by one spouse that endangers the mental health of the other to the extent that it becomes injurious to continue the marital relationship. The behavior causing mental cruelty must create apprehension in the mind of the affected spouse. To pursue divorce on these grounds, the party seeking it needs to prove that the continuation of the marriage is harmful to their mental and physical health.
Evidence such as audio recordings, videos, or written documentation can be submitted to support the claim of mental cruelty. If there is no possibility of reconciliation or mutual divorce, you can file a contested divorce petition before the District Court or Family Court, seeking a decree of divorce.
Regarding child custody, the Hindu Minority and Guardianship Act stipulate that if the child is below 5 years old, custody usually goes to the mother. However, if the court deems the mother unfit to care for the child, custody may be awarded to the father or another suitable person.
If the proposed conditions by your spouse for maintaining the matrimonial relationship are unacceptable and causing you mental harassment, you have the option to file a divorce petition under Section 13 of the Hindu Marriage Act, 1955. Mental cruelty is recognized as a ground for divorce, and Section 13(1)(ia) of the Act allows either spouse to seek divorce on the grounds of cruelty.
The concept of mental cruelty refers to a course of conduct by one spouse that endangers the mental health of the other to the extent that it becomes injurious to continue the marital relationship. The behavior causing mental cruelty must create apprehension in the mind of the affected spouse. To pursue divorce on these grounds, the party seeking it needs to prove that the continuation of the marriage is harmful to their mental and physical health.
Evidence such as audio recordings, videos, or written documentation can be submitted to support the claim of mental cruelty. If there is no possibility of reconciliation or mutual divorce, you can file a contested divorce petition before the District Court or Family Court, seeking a decree of divorce.
Regarding child custody, the Hindu Minority and Guardianship Act stipulate that if the child is below 5 years old, custody usually goes to the mother. However, if the court deems the mother unfit to care for the child, custody may be awarded to the father or another suitable person.
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A.Dear Client,
If the conditions proposed by your spouse to keep the matrimonial relationship alive are not acceptable to you and that makes you upset and become a cause of mental harassment and cruelty, then you may file a divorce petition against your spouse under Sec.13 of the Hindu Marriage Act, 1955. 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, you can file a one-sided/contested divorce petition before the District Court/Family 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. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. 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 or another person. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
If the conditions proposed by your spouse to keep the matrimonial relationship alive are not acceptable to you and that makes you upset and become a cause of mental harassment and cruelty, then you may file a divorce petition against your spouse under Sec.13 of the Hindu Marriage Act, 1955. 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, you can file a one-sided/contested divorce petition before the District Court/Family 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. As regards child custody, if the child is below 5 years, the custody will naturally go to the mother as per the Hindu Minority and Guardianship Act. 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 or another person. 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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