quesHow to divorce wife for her misbehavior and mental torture?

I want to Divorce my wife because of her misbehavior & mental torture she gives to me. Please help.

 

  • ans 

    You may file a petition for Divorce anytime after 1 year of completion of your marriage citing any of the the various grounds available under the Hindu Marriage Act 1955 (in case you are Hindus). As you have mentioned that your wife misbehaves with you, this would fall under the ambit of Cruelty as per Section 13(1)(ia) of the HMA 1955.

     

    Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

     


    “Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

     

    Therefore the behavior of your wife can easily come within mental cruelty.

     

    Now your need to file a petition for divorce under this Section seeking a decree for divorce in the competent court and for this you need to consult an Advocate who shall draft your petition.

     

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