Action against wife who is harassing and asking share in my property?
Can I take any action against my wife who is troubling, abusing and threatening me. She is also demanding share in the property to sell it. I am very much disturbed because study of our two major children is being destroyed. I also want to clarify that we do not have husband-wife relation since last five years.
Above all, she is short tempered lady. Please suggest me what should I do.
You will have to figure out as to what is that you want out of your marriage at this stage. In case you wish to stay with your wife, then we suggest you to go to a marriage counselor and try to give your marriage another chances. If you have also decided to part ways and are looking for a Divorce, then Section 13(1) provides various grounds for seeking divorce.
Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-
i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or
a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or
b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
ii. has ceased to be a Hindu by conversion to another religion; or
iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation.- In this clause,-
a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
b. the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or
iv. has been suffering from a virulent and incurable from of leprosy; or
v. has been suffering from venereal disease in a communicable from; or
vi. has renounced the world by entering any religious order; or
vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
In view of your circumstances you can file a divorce on the ground of cruelty under Section 13(1)(ia) under the Hindu Marriage Act 1955.
Further, with respect to share in the property, it depends on the facts and circumstances of your case. If your wife is not working and she is dependent on you then according to law you are liable to give her maintenance and alimony.
File Mutual Consent Divorce @ Rs. 25,000/- only
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