Wife dominant and controlling and not wiling to reconcile marriage
21-Sep-2023 (In Divorce Law)
My friend has been in a marriage for 11 years now. He has been feeling physically and mentally abused with declining sense of self worth and no care and respect from his dominant and controlling wife. Recently, having discovered that he has been feeling worthless and lack of any physical intimacy with her, he ended up befirending another girl. He is now wishing to marry her while his wife now is not in reconciling mode and is blaming his demand for divorce a matter of adultery in his part.
Your friend may file a petition of divorce under section 13 (1)(ia) of the Hindu Marriage Act 1955 on the ground of cruelty. Denial of sex is one of the grounds of cruelty and he may file the petition of divorce on this ground. He may take advice of a good lawyer who could present the case effectively.
section 13(1)(ib)
section 13(1)(ia) judgement
section 13(1)(ia) of hindu marriage act in hindi
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section 13(1 b of hindu marriage act)
recent decisions of supreme court on divorce petition under section 13(1)
hindu marriage act 13(1)(ia) in telugu
hindu marriage act 13(1)(ia) in tamil
section 13(2) of hindu marriage act
Under the circumstances adultery is a valid defence for wife. However I n order to obtain divorce the reasons of mental cruelty narrated by you are sufficient. You may file a divorce petition on grounds of mental cruelty.
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