divorce on ground of domestic violence by wife on husband

Question

divorce on ground of domestic violence by wife on husband

05-Aug-2023 (In Divorce Law)

Is it possible in India for a man to divorce a woman who have been married for > 5 years due to constant physical and metal abuse by the wife? Include daily infliction of bleeding type injuries, mild concussions, destruction of valuable property such as laptop, prescription glasses, tearing of books, damage to watches, mobiles etc. Locking up man in bathroom for more than an hour etc. making him miss important deadlines.

Answers (3)

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LawRato LawRato · Accepted Answer · 2015-08-05T07:19:00+05:30

Dear Sir, You have every right to get a divorce and end this relation which has reached such a point beyond repair These acts are covered under the definition of cruelty which is a valid ground for divorce. Feel free to revert in case of further clarifications

Advocate Mishika Singh LawRato · Accepted Answer · 2015-08-05T07:53:57+05:30

Answer #2

Hi there! Even though the law India does not recognize 'violence' inflicted by women on men under the Domestic Violence Act, the husband can avail the remedy of Judicial separation on account of cruelty under Section 10 (1) (b) of the Hindu Marriage Act. The burden of prove, however, will lie on the husband to prove cruelty. Further, the enquiry will be whether the conduct charged as cruelty was of such a character as to cause in the mind of the husband a reasonable apprehension that it will be harmful or injurious for him to live with the wife.

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LawRato LawRato · Accepted Answer · 2015-08-06T10:47:56+05:30

Yes it is more than possible. In fact these are grounds under the heading of Mental Cruelty. In fact under the provisions of the Hindu Marriage Act 1955, Section 13, (1) (ia). What exactly amounts to Cruelty and Mental Cruelty has been discussed in a number of cases by the Supreme Court of India.