Filing for divorce on ground of emotional abuse

834 votes

Mental harrassment is definitely a ground to obtain divorce against your spouse. also if your husband is financially draining you then also it is a type of cruelty committed by him on you. you can file the divorce on the basis of cruelty against your husband and even ask some monthly amount

Advocate Juhi Qureshi LawRato

533 votes

hi advocate Minakshi Ovhal- Dakhane here. you can file Divorce petition before Family court on ground of cruelty. and yes mental harassment is amount to cruelty. even though you can file against him Domestic Violence Case and ask for maintenance also. Further legal information you can call me. Thank you.

Advocate Minakshi Bapu Ovhal Dakhane LawRato

756 votes

Mental harassment is perhaps the biggest ground for filing divorce. If he is mentally and emotionally harassing and abusing you, you have the right to approach the family court and file for divorce under the purview of cruelty. Kindly approach me for further assistance.

Advocate Rahul Mishra LawRato

831 votes

according to various judgements high courts and Supreme Court mental cruelty is more severe then physical cruelty . cruelty itself is a valid ground for divorce under all the laws in India . you can file a petition for divorce, a case for domestic violence , an FIR under section 498A of IPC , application for maintenance under section 125 CRPC , as well as an application for custody of child .

Advocate Navid Rashid Mulani LawRato

523 votes

Yes, mental cruelty is a ground for divorce in India. You can send a notice and file a petition under section 13 for the same. For any further assistance or clarification, you may get in touch with me. Thank you.

Advocate Sharayu Zanak LawRato

578 votes

Section 13(1) in The Hindu Marriage Act, 1955 (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party— 16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or] 16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or] 16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or] (ii) has ceased to be a Hindu by conversion to another religion; or 17 [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation .—In this clause,— (a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia; (b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or] (iv) has 18 [***] been suffering from a virulent and incurable form of leprosy; or (v) has 18 [***] been suffering from venereal disease in a communicable form; or (vi) has renounced the world by entering any religious order; or (vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 19 [***] 20 [ Explanation. —In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 21 [***]

Advocate Dhananjay Ravikant Gangawane LawRato

820 votes

yes mental and emotional abuse is a ground for divorce... your story will have to be presented in detail in the court and your demands if any also need to be put forth.. as the child is young in most case the mother only gets custody...

Advocate Hetvi Gala LawRato