On what ground can i file a divorce case

741 votes

Is your wife living with you in your house? And if there has been no relationship between both of
you since day one, you can file a divorce suit on this very ground under the provisions of Hindu Marriage Act.

Advocate Nitin Chopra LawRato

987 votes

It amounts to cruelty and you can file a petition for divorce in the family court. Normally the other part files a petition claiming maintenance or alimony which can be defended. The criteria of granting maintenance is based on humanitarian grounds that if either party is not having means to maintain herself or himself only then it will be granted. However the order granting maintenance can be challenged.

Advocate Suyash Gupta LawRato

843 votes

Dear sir,
This is ground of cruelty, however you can first file for restitution of conjugal rights and seek an order from court directing your wife to resume matrimonial life with you. If your wife disobeys the order you have a strong case and file for divorce.
Please feel free to contact the undersigned.
Regards
Pragya Wazir

Advocate Pragya Wazir LawRato

920 votes

Respected Sir,
You can prefer a petition for divorce under Section 13 of Hindu Marriage on the Ground of desertion. The Hon'ble Supreme Court in Savitri Pandey v. Prem Chandra Pandey at paragraph 8 have held as follows:-
“Desertion”, for the purpose of seeking divorce under the Act, means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent and without reasonable cause. In other words it is a total repudiation of the obligations of marriage. Desertion is not the withdrawal from a place but from a state of things. Desertion, therefore, means withdrawing from the matrimonial obligations i.e. not permitting or allowing and facilitating the cohabitation between the parties. The proof of desertion has to be considered by taking into consideration the concept of marriage which in law legalises the sexual relationship between man and woman in the society for the perpetuation of race, permitting lawful indulgence in passion to prevent licentiousness and for procreation of children. Desertion is not a single act complete in itself, it is a continuous course of conduct to be determined under the facts and circumstances of each case."

Advocate Rohit Kumar Singh LawRato

523 votes

the ground stated in the query is sufficient enough to nullify the marriage if you are able to prove the case in court as the act being done by your wife fall under the category of cruelty physical and mental and in true sense marriage has not been consummated till date and it is advisable that firstly you should try to settle the matter through mediation of your family members and hers and her. And if the effort is fruitless, you may proceed with the litigation.

Advocate Piyush Shrivastava LawRato