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How to proceed with divorce on the ground of mental harassment
23-May-2023 (In Divorce Law)
Vinod I have been married for 3 months. My wife started complaining about my parents once I joined my duty station. Her parents came n took her away and stopped all communication between us. They are not ready for negotiations. They have texted our friends that they will take my job away. She wants to stay without my parents. I m mentally harassed and feel threatened for my career and parents. Please help.i m Hindu.
As per the recent amendment of Hindu marriage act if the wife tries to separate the son from his parents and wants to live independent life without your parents. That itself is the ground for divorce.
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Adv. Rajendra Kumar Senapati
Rayagada | 100+ Answers
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Nothing will happen. Be cool and calm. Consult a lawyer near you, who is good in Family Law. He can guide you.
Neither your job, nor you, nor your family members will get harassed in any manner. Just seek the proper consultancy.
Neither your job, nor you, nor your family members will get harassed in any manner. Just seek the proper consultancy.
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Adv. Ramesh Agarwal
Cuttack | 100+ Answers
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Since the marriage is only 3 months old and you as spouses have not been staying separately for a year, recourse to a divorce (both contested and mutual) proceeding cannot lie.
If there are other facts on record where you can demonstrate that the marriage has been materialized by playing a fraud upon you, remedy of nullity of marriage U/s-12 HMA can also be availed.
You can file a Section 10 HMA 1955 application for a decree of judicial separation which can later be converted to divorce. Divorce can either be contested or mutual depending on the existing circumstances at that point of time and as well as the intention of the parties.
If there are other facts on record where you can demonstrate that the marriage has been materialized by playing a fraud upon you, remedy of nullity of marriage U/s-12 HMA can also be availed.
You can file a Section 10 HMA 1955 application for a decree of judicial separation which can later be converted to divorce. Divorce can either be contested or mutual depending on the existing circumstances at that point of time and as well as the intention of the parties.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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Their is no documents of mental torture hence you have to prove it by way of oral evidence. Hence you are advise to o file a case for restitution of conjugal life where you can create some evidence relating to mental torture and go for divorce
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Adv. Durga Prasad Jena
Cuttack | 200+ Answers
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Mr vinod, as you mentioned she left your company without any valid reason,so you have a valid ground to file a Restitution of Conjugal Rights in appropriate court against ur wife.
Keep all those SMS/screen shot to use as evidence when require.
You may file mutual divorce if at all the situation worse.
Keep all those SMS/screen shot to use as evidence when require.
You may file mutual divorce if at all the situation worse.
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Adv. Deepak Kumar Panda
Cuttack | 200+ Answers
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