Can my in laws forcibly drop my wife at my place? I want divorce.


I want a Divorce. I have been married for a year. There is no understanding between us from the first day. We have not been living together for the past 2 months. She has been staying with her in-laws. We’ve not been in contact in any way with each other.

 

Her in laws call us to tell us that they will drop my wife forcefully to my place. How can I file a case in this case?

 

Answer

 

Firstly, you cannot apply for a divorce before the end of 1 year of marriage. Once an year has passed, you can file a petition for decree of dissolution of marriage under Section 13 of the Hindu Marriage Act (assuming you are Hindus).

 

Section 13 provides various grounds based on which you can seek a divorce. 

 

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.

 

You can file the petition under Section 13(1)(ia) under the grounds of cruelty. 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, you can seek Divorce on this ground. However, based on the facts of your case, in case your situation falls under any of the other grounds, Divorce can be sought based on that as well.

 


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