Divorce on grounds on mental and physical torture

915 votes

You should file divorce petition under section 13 of Hindu Marriage Act,1955 on the ground of cruelty. To prove this ground your daughter may give witness before court and you should also produce independent witnesses such as your neighbour. In the meantime if she again physically assault you than file a police complaint against her. You should not worry about the counter case of harassment which your wife may file, because nowadays police and court proceed in such case only if it is true.

Advocate Pradeep Naik LawRato

517 votes

I am a Hindu , 60 years old man and married to my second wife for 14 years ( after my first wife passed away in year 2002). For last three years my wife is continuously mentally and physically torturing me. She falsely accuses me of having extra marital affair. She often attacks me physically and uses very filthy language in front of my daughter. I have explained her multiple times that I am a loyal husband but she does not listen to me. I think she is not mentally stable. She is very suspicious of my every act and monitors me every hour. At times she hits me with household objects. My wife constantly threatens me that she will make a complaint to police and she is not willing to give me divorce. I cannot tolerate this mental and physical assault at this age. Could you please suggest how can I get divorce from my wife and what evidence I need to have to file for divorce? Also how to prepare or avoid counter harassment case which my wife will file in case I apply for divorce?

LEGAL ADVISE:
Your daughter, neighbours, relatives, friends etc. who have seen her humiliating, hitting, teasing you are important wittnesses in your potential divorce case. Considering the facts mentioned by you, the same amounts to physical and mental cruelty, which is a good ground for getting divorce. There may not be tangible evidence of cruelty therefore, you have to prove the allegations of cruelty through deposition of your witnesses. At the earliest, issuing a legal notice to her is required leveling the cause of grievance of cruelty with warning to her not to repeat such cruelty, otherwise you shall be forced to initiate divorce against her.

Regards

Raghvendra Singh Raghuvanshi
Advocate-High Court of MP, Indore
Raghuvanshi Vaidya & Partners, Law Firm

LawRato LawRato

798 votes

As per hindu marriage act , 1955 section 13(1)(ia),(iii) you can file a divorce case against your wife, and you to proof the cruelty against your wife at the stage of evidence by the manner of documents or through expert opinion of Dr.that she was not mentally fit .you can also go the police station and filed a FIR against your wife.

Advocate Rachana Singh Chouhan LawRato