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Divorce, my wife insault me, qualled every time without reason, she th
26-May-2026 (In Divorce Law)
I want divorce, my wife mentally harra me, and given threat, depart daughter me,
Please give us some details of your problem otherwise it is not possible for any legal practitioner to advise on this. Obviously you can get divorce but without knowing the facts and other factors it is not possible to advice you on this.
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Adv. Ritam Banerjee
Adv. Ritam Banerjee
Barasat | 50+ Answers
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you can file a custody case but also if you file for divorce she will seek for alimony and maintenance hope it is ok for you because if you dont pay alimony or maintenance you can be jailed by your wife you need a good lawyer to defend you
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Adv. Aveek Bose
Adv. Aveek Bose
Kolkata | 1000+ Answers
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You may seek divorce on the grounds of mental cruelty if your wife is continuously harassing, threatening you and keeping your daughter away from you without valid reason. You should first preserve all evidence such as messages, call recordings, chats or witnesses supporting your allegations. If your daughter has been separated from you, you may also file a child custody or visitation petition before the appropriate Family Court.
However, before taking any legal step, the full facts and circumstances of the marriage, period of separation, and details regarding your child are important to examine properly. After reviewing the complete matter, suitable legal remedies including divorce, restitution, custody or protection against false cases can be advised accordingly.
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Adv. Atanu Patra
Adv. Atanu Patra
Kolkata | 50+ Answers
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Sub: Mental Cruelty inflicted by wife and restraining husband from meeting their daughter.
From your query, you are suffering from mental cruelty inflicted by your wife. Mental cruelty in divorce refers to psychological abuse by one spouse making it unbearable to live together under same roof.
A contested Divorce Suit has to be filed.
Following question arises :
1. Do you and your wife is living under same roof?
2. Whether your daughter is living with your wife under separate roof ?
3. Whether your daughter wants to stay with you ?
4. what are the root causes of this straining relationship?
5. What are issues that led to the bitter differences between you and your wife?
Following legal steps can be taken:
1. Serve of Legal Notice
2. In the legal notice 15 days time will be given for reply and if no reply comes then contested divorce suit will be filed.
3. File a contested Divorce Suit under Section 13(1)(ia) of Hindu Marriage Act on grounds of mental harassment and cruelty.
3. File Application for visitation and child custody
4. please store all evidences including whatsapp messages, emails, call logs etc.
With Regards
Anindita Das,
Advocate,
High Court, Calcutta
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Adv. Anindita Das
Adv. Anindita Das
Kolkata | 5+ Answers
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Contact me I will guide you through how to get divorce without getting involved in any criminal cases. if you take any steps right now it's likely your wife may prefer a false criminal cases against you which will lead you to visit jail which is not welcoming at all.
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Adv. Subarna Bank
Adv. Subarna Bank
Kolkata | 5+ Answers
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