Can husband file for divorce on grounds of cruelty against wife

526 votes

Yes, a husband can file for divorce on the grounds of cruelty.

Section 13(1)(ia) of the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs, allows either spouse to seek divorce on the grounds of cruelty.

"Cruelty" refers to any conduct by one spouse that causes physical or mental suffering to the other spouse to such an extent that it becomes impossible for them to live together. The cruelty can be physical, mental, or even emotional.

To prove cruelty, the husband will need to provide evidence that his spouse's conduct caused him mental or physical harm and that it made it impossible for him to continue living with her. Evidence can include medical records, eyewitness testimony, and any other relevant documentation.

Having said that, whether a husband can get a divorce on grounds of cruelty depends on various factors, including the specific circumstances of the case, the quality of evidence presented, and the skill of the attorneys representing both parties.

However, it's worth noting that the Indian legal system is generally supportive of divorce on the grounds of cruelty, provided the evidence presented is sufficient to prove that the cruelty is of such a nature that it makes it impossible for the spouses to live together. As such, if a husband has sufficient evidence to prove cruelty, the chances of success may be relatively high.

Advocate Sudershani Ray LawRato

500 votes

You can file a divorce petition on the ground of cruelty but you have to make specific allegation against your wife. When you file a divorce, your wife definitely file maintenance case against you and you are bound to pay Maintenances. So be ready if you really want to dissolve the marriage. Revert me. All the best.

Advocate Atul Patni LawRato

630 votes

Why not ? Husband can validly file the petition seeking divorce on the grounds of cruelty against the wife. You can also plead the ground of pressurising you for the separation from the parents if she does things like this. Always write your facts properly for the better assistant.
Thanks and Regards
Advocate Suneel Kumar

Advocate Suneel Kumar LawRato

836 votes

Cruelty is one of the ground for getting divorce. You can file for divorce before Court for divorce on basis of cruelty....

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Advocate Anil Upadhyay LawRato

833 votes

Cruelty ground is not sufficient, if your wife is ready for divorce then you both file the mutual consent divorce in the concerned court for early divorce ( in between 6 to 8 months) if file the cruelty ground then the case shall be run for 3 to 5 yrs. if you contact me for more search the reason for divorce purposes.

LawRato LawRato

914 votes

Yes you can do so under section 13 1 (a) of the Hindu Marriage Act . Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence . It's mostly verbal allegation but can be supported through medical documents if any .

LawRato LawRato

156 votes

The Hindu Marriage Act of 1955 allows for divorce to be sought by either the husband, or the wife on grounds of cruelty. Cruelty can be defined broadly as any behavior that could cause a reasonable person to believe that living with the respondent would be harmful or injurious.

Advocate Chikirsha Mohanty LawRato