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Divorce due to wife being cruel towards mother


28-Sep-2023 (In Divorce Law)
I am a Hindu, married for 5 years with a 3.5 year old son. I want separation from my wife as she is very cruel towards my mother. My mother has single handidly raised me since my birth. She is suffering from severe depression from last many years. My wife prohibits me from helping my mother and my unmarried sister. My mother and sister are very scared of her short tempered behaviour
Answers (4)

Answer #1
973 votes
Hello...you can file a contested divorce on grounds of cruelty u/s 13 (1) (a) of HMA. But it generally takes two to three years..so it's better you can make her agree on mutual divorce as it takes only 6 months to get parties separated..Thank you.
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Answer #2
577 votes
You can seek divorce from your wife on grounds of cruelty. You need to come up with specific incidents which lead you to believe that your wife has been cruel to you and your mother. You may contact me with specific details of your matter.
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Answer #3
968 votes
You can file divorce petition against your wife on the basis of cruelty, however, you are advised to think atleast twice before going for divorce. Divorce should be the last option for You keeping in mind your minor son. For further information you can calll/mail me.
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Answer #4
818 votes
You can file a petition for divorce to get rid of your wife under Section 13 of the Hindu Marriage Act which provides for divorce on the grounds including cruelty. The word "cruelty" is not defined in clear terms under the Hindu Marriage Act, rather it has to be seen by the Court in the facts and circumstances of each case and in the background of the family from which the petitioner and respondent belong. The summery you made in the query falls within the purview of "Cruelty" and a decree of divorce can be obtained. Getting medical record regarding depression may help your case, if possible, get the opinion also from the treated doctor stating the cause of depression.
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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.

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