LawRato

File Divorce on grounds of mental cruelty


18-Oct-2023 (In Divorce Law)
Hello All, Its been almost 8 years when I lost divorce case in the lower court. We decided to stay together and also have 6 years old child now. Recently my spouse has started doubting my character with a near relative. Every now and then she keeps on nagging me causing mental trauma. Things are going beyond control and hence seeking your advise on where can i file divorce case. In the same court or higher one. I want to file case on cruelty and let her prove her case . Regards.
Answers (3)

Answer #1
618 votes
Don't worry if the earlier divorce petition was dismissed by family court. You can file a fresh petition for divorce against your wife on the ground of cruelty before the same court. However, since you are the petitioner, it is your duty to prove the cruelty committed by her upon you. For the divorce process, you can approach me.
Helpful? LawRato LawRato
Advocate Rahul Mishra

Adv. Rahul Mishra

LawRato Mumbai | 200+ Answers
Chat with Advocate Rahul Mishra Chat 
Answer #2
875 votes
You have been staying for past 6after you lost divorce. As new facts and reasons have emerged which have led you to doors of divorce. Thus you may file another divorce petition in same court. Also it is necessary to access the past divorce proceeding papers for further comments.
Helpful? LawRato LawRato
Advocate Juhi Qureshi

Adv. Juhi Qureshi

LawRatoPune | 200+ Answers
Chat with Advocate Juhi Qureshi Chat 
Answer #3
624 votes
Well, you tell your Wife, yes, you have an affair whether genuinely you are going through an affair or not. Based on this Affair, you ask your Wife to file a Divorce Case against you to seek Unilateral Divorce. In order to get such Divorce, she has to prove your Adultery. If she will not be able to prove, you guys won't get Divorce and you will get clean chit too.
Helpful? LawRato LawRato
Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
Chat with Advocate Pankaj Bajaj Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato