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Divorce on the ground of mental torture


23-Aug-2023 (In Divorce Law)
My employee (foreign Passport Holder) married an Indian in 2015. They lived together for some time but the harassment from her husband and his family started heavily. Traditions of both are different and now they are insisting that she should change her caste and religion - threatening her; putting her into mental torture heavily. This is going beyond limits for two years. my employee wants to apply for divorce. The marriage was registered in India. Now my employee is living in another country alone and husband threatening to become huge and she is restless. Kindly suggest how to apply for divorce from this India
Answers (10)

Answer #1
744 votes
You can tell him strictly that he should not use your photographs if he still do so then u can send a legal notice regarding the same. If your marriage is not consummated then you may apply nullity of marriage.
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Answer #2
645 votes
Hi madam sir.
Suppose your decision is final mean you can contact advocate and file divorce against your husband.
Otherwise ask your parents and solve this problem
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Answer #3
974 votes
Madam,
some more details are required to analyse the case in detail. how the marriage was done? whether both of you are Hindus?First kindly try to solve the problem through your relatives and friends. If it is not possible we can take necessary legal action.
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Answer #4
903 votes
Even though your marriage is not registered, if the marriage took place as per Hindu custom or any other religious customs it is a valid marriage. Only option is file a divorce petition stating all facts. If he is posting your obscene photos in the social media, give a police complaint too in this regard
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Answer #5
633 votes
the divorce under cruel ground shall be filed, the domestic violence and criminal action shall be taken against the husband shall be filed. the cruel ground is celebrate that includes mental torture and others.
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Answer #6
581 votes
Sir,

Your employee can apply for divorce on grounds of cruelty here in India. However she will have to be present for the proceedings, atleast initially although we will try file a case and contest it in her absence also considering that she is not residing in India, however allowing that would be subject to Court's discretion.

Pls feel free to contact for further discussion and proceeding with the case.

Regards
Agir Gupta
Advocate
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Answer #7
865 votes
Your employee can seek divorce under the relevant act which applies to them. If the employee is not a Hindu, then the marriage would be governed by the Special Marriage Act. There are a number of cases that I have dealt with in the recent past where disputes do arise in a matrimonial relationship due to numerous reasons. However, there is no need to worry. Your employee can file for divorce and also take relevant action under the prescribed law of the land. There is no need for you to worry. There are about 3-5 cases that she can file and avenge what she has gone through or be going through at the moment. Your employee can seek legal assistance and will be guided properly for the problem that she is facing. There is no need to worry.

Further, your query has no mention of the place of marriage because it plays an important role in case the marriage was held somewhere else, mere registration in India will not be relevant.

NOTE: Please bear in mind, that the opinion is based on the factual matrix that has been provided by you and can undergo change upon addition of more facts and can be supplemented with more information.
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Answer #8
978 votes
From your query it seems that your employee is settled in some other country. One one can be forced for conversion and if any form of force is applied is applied for conversion it is a criminal offence. This alone is sufficient ground for divorce on the basis of mental cruelty.
Since she is living in a foreign country she can accord a power of attorney to any family member who can on her behalf do the necessary paper work and through a lawyer that petition can be filed in the court of competent jurisdiction .
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Answer #9
885 votes
Dear Client
She can get proceedings for divorce, domestic violence or maintenance filed through a designated power of attorney in India without having to come here. Feel free to call or fix a meeting for detailed consultation.
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Answer #10
542 votes
Hello client
I have read Ur query.
In this condition the condition is very serious in nature in this condition the only possibility at present to save where from tht mental trouma is to bring her back to India first but that will only be possible through the legal process only with help of the court.
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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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