divorce on ground of domestic violence by wife on husband
Is it possible in India for a man to divorce a woman who have been married for > 5 years due to constant physical and metal abuse by the wife? Include daily infliction of bleeding type injuries, mild concussions, destruction of valuable property such as laptop, prescription glasses, tearing of books, damage to watches, mobiles etc. Locking up man in bathroom for more than an hour etc. making him miss important deadlines.
Yes it is more than possible. In fact these are grounds under the heading of Mental Cruelty. In fact under the provisions of the Hindu Marriage Act 1955, Section 13, (1) (ia). What exactly amounts to Cruelty and Mental Cruelty has been discussed in a number of cases by the Supreme Court of India.
Advocate Arjun Vinod BobdeSupreme Court of India, Delhi
Even though the law India does not recognize 'violence' inflicted by women on men under the Domestic Violence Act, the husband can avail the remedy of Judicial separation on account of cruelty under Section 10 (1) (b) of the Hindu Marriage Act. The burden of prove, however, will lie on the husband to prove cruelty. Further, the enquiry will be whether the conduct charged as cruelty was of such a character as to cause in the mind of the husband a reasonable apprehension that it will be harmful or injurious for him to live with the wife.
Advocate Mishika SinghLajpat Nagar 1, Delhi
You have every right to get a divorce and end this relation which has reached such a point beyond repair
These acts are covered under the definition of cruelty which is a valid ground for divorce.
Feel free to revert in case of further clarifications
Advocate Sonia SainiDwarka, Delhi
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Left my boyfriend now he is threatening to blame me for suicide.
- Can husband ask bank statement in domestic violence maintenance case
- Can company change terms to serve notice period during employment
- Procedure for final closure of HUF after divorce
- can gift deed be revoked