How do i proceed for divorce from a physically abusive wife?
Out of 2 years that we are married, my wife has stayed with me for just 8 months. She comes to my home on and off and goes to her parents at her own will. A month ago she picked up a fight with my mother and when I interfered, she got physically abusive and called the Police herself. The police asked us to sort it mutually.
Next day her parents came and took her and our 6 month old baby to their home. Now I am fed up of her behavior and constant fights that keep happening. I want a Divorce.
How do I proceed?
As you have not specified your religion, assuming you are Hindus, your marriage is governed by the Hindu Marriage Act.
Section 13 of the Hindu Marriage Act prescribes the various grounds on which divorce can be sough by either of the parties.
Section 13 of the Act has been reproduced below for your better understanding.
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.
As per our understanding, we feel that your situation falls under Section 13(1)(ia) of the Act.
Furthermore, under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Now in your case, your wife is guilty of both physical as well as mental cruelty. Her acts of fighting with you persistently and not staying at your matrimonial place after marriage shall also help your case.
And with respect to your wife taking away your child, you will have to file a petition for the custody of your child.
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