What legal remedies do i have to get rid of harassing wife?
What legal remedies to I have to get rid of this harassment in life? I’ve been married for 19 years now. I have always been very affectionate but people misused my goodness always. My wife has a habit of stealing. On confronting on several occasions we get into a huge fight. She doesn’t let me live the way I want.
Torture is another problem I am made to face frequently. What should I do?
Assuming you are Hindus, you will be governed by Hindu Marriage Act.
Section 13 of the Hindu Marriage Act which covers divorce 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.
So as per the above mentioned Section, you may seek a decree for dissolution of marriage (divorce) under Section 13 (1)(ia) of the Hindu Marriage Act 1955, the grounds of cruelty (mental or physical) being inflicted upon you by her.
Secondly, we suggest you to start gathering evidence such as recording of the conversation with your wife. In case at later stage if your wife files criminal complaint under 498 A IPC, these recordings or any other evidence will try to safeguard your interest and can be used at the time of your defense.
In the meanwhile, you can intimate the nearest Police Station about the facts of your case and about her unscrupulous behavior.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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