quesDivorce without valid legal grounds

I and my wife are hindus and our marriage is registered eight years back under Hindu Marriage Act, 1955. My wife deserted me five years back and has now filed for a divorce citing mental harassment. After receiving the divorce notice, I have filed for restitution of conjugal rights. Both cases are clubbed and heard together by the same judge. I have denied all her allegations and have challenged her lawyer to provide evidence of mental harassment in court. I keep proclaiming in court that I love my wife and have no allegations against her. How will my wife prove mental harassment?

  • ans1) Mental harassment can consist of a number of things and include denying her marital bliss and the fact that even though she was away from your house you did not make any attempt to bring her back. This itself is the act of cruelty.

     

    2) The Restitution Of Conjugal Right petition would be treated as a reaction to the Petition for Divorce and is unlikely to bear the desired result and as the petitions are clubbed it would help the wife in her case.

     

  • ansHello,
    1) Mental harassment can consist of a number of things and include denying her marital bliss and the fact that even though she was away from your house you did not make any attempt to bring her back. This itself is the act of cruelty.

    2) The Restitution Of Conjugal Right petition would be treated as a reaction to the Petition for Divorce and is unlikely to bear the desired result and as the petitions are clubbed it would help the wife in her case.

    3) To establish mental cruelty she may get witnesses to depose before the court and also refer to instances where she had been neglected or spoken ill about etc. All these facts will be in the pleadings of the petition itself.It is necessary to peruse the petition to form a more accurate opinion.

    Advocate S J Mathew

      Thane, Mumbai

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