Filing divorce against wife on the basis of cruelty and mental torture

Question

Filing divorce against wife on the basis of cruelty and mental torture

07-Apr-2026 (In Divorce Law)

It's been 11 months of marriage and the wife is not living normally. She doesn't want to live with my parents even for a si gle day. Blaming falsely that my parents are torturing her. She burnt herself for no reason and put that blame on the mother that she is torturing her. She went to her parents house by calling them and did all things with them and insulted me and my parents. She is living with her parents since 5.5 months and pressurizing me to call her. Her parents are supporting her.

Answers (5)

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Adv. Spiti Sarkar Adv. Spiti Sarkar

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Advocate Sangeeta Rai LawRato · Accepted Answer · 2026-04-07T17:08:15+05:30

Answer #2

You can file case against wife on basis of torture and mental cruelty on your parents, for not residing with them. It's plus point to you can file divorce without maintenance on her. Recent judgments against wives for cruelty on in-laws include cases where the Supreme Court has emphasized that cruelty in marriage needs specific proof and vague allegations won't suffice. In the case of Shobhit Kumar Mittal v. State of Uttar Pradesh & Another, the Supreme Court quashed a false dowry and cruelty FIR against the husband's brother, stating that mere mention of relatives without specific roles or acts doesn't attract criminal liability under Section 498A IPC ¹. Other notable judgments include: - *Mental Cruelty*: A husband was granted divorce due to his wife's mental cruelty, which included using derogatory remarks towards him. - *False Allegations*: Filing false cases against the spouse or in-laws can be considered cruelty, as seen in the case of X32 v. Y4. - *Financial Dominance*: The Supreme Court has ruled that financial dominance by a husband over his wife doesn't qualify as cruelty unless it causes tangible mental.

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Adv. Sangeeta Rai Adv. Sangeeta Rai

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Advocate Namrata Pandey LawRato · Accepted Answer · 2026-04-07T17:31:02+05:30

Answer #3

Desertion (त्याग): Agar wife bina kisi valid reason ke 5.5 mahine se apne maayke reh rahi hai aur wapas aane se mana kar rahi hai, to aap future me divorce on ground of desertion le sakte hain (generally 2 saal ka continuous desertion required hota hai)

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Advocate Rajeev Kumar LawRato · Accepted Answer · 2026-04-07T20:29:34+05:30

Answer #4

As you have told that it has been 11 months since your marriage and your wife is harassing you and your parents a lot and making false allegations and is also doing many kinds of accidents to trap youb

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Adv. Rajeev Kumar Adv. Rajeev Kumar

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Advocate Hariom Dubey LawRato · Accepted Answer · 2026-04-12T19:53:56+05:30

Answer #5

after 1 year of the marriage you can move a diver petition and it may be a very good ground to proceed the divorce and my one suggestion before going into the diver petition you can go for restitution of conjugal rights

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Adv. Hariom Dubey Adv. Hariom Dubey

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