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How to get divorce from abusive wife?
05-Oct-2023 (In Divorce Law)
This december 5 years completed for my marriage in this 5 years my wife fights with me and gone to her native place 6 times having duration of 2.5 years in between she is not staying in my house more than 4-5 months she listens to her mother and her brother is criminal -thief and her family harrasing me giving me mental torture if they will say something to her they will beat me and false allegations they have made with police station regarding my mother and he has also medical problem for child birth the problem is that within the closed door she says i want to divorce but after few days she admits that she wants me and i am deeply stressed and she is giving me bad words and beating me too well and for this i am not concentrating on work she is taking advantage of section for women and giving bad words to my mother and screaming loudly if said something i am not understanding she don't want to leave with me and daily fights with me i am too depressed
If you want divorce just apply and take. If you feel that she can be changed try. You can file divorce on cruility. What about children?. Can you prove the medicine Al that she as problem in child birth
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Adv. Mukunda M
Adv. Mukunda M
Bangalore / Bengaluru | 25+ Answers
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Dear Friend,
Your marriage is already finished five years, and You may file a petition for Divorce anytime after 1 year of completion of your marriage citing any of the the various grounds available under the Hindu Marriage Act 1955 (in case you are Hindus). As you have mentioned that your wife is abuse and misbehaves with you, this would fall under the ambit of Cruelty as per Section 13(1)(ia) of the HMA 1955.
Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty.
you can also file the complaint under domestic violence act now women can also be prosecuted under the Protection of Women against Domestic Violence (DV) Act. The Supreme Court has struck down the words “adult male” from the pertinent provision in the DV Act to lay down that a man can also file a complaint against another woman, accusing her of domestic violence. Under Section 2(q) of the 2005 Act, a complaint can be made only against an “adult male person”, thereby insulating women from being accused of offences mentioned under the law.
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Adv. Hareesha Arksali
Adv. Hareesha Arksali
Hubli | 25+ Answers
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File a complaint before jurisdiction police and issue notice for divorce to your wife so see it is served on her and later file divorce case against her naratting facts what how cruel ur wife is and see u get divorce.
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Adv. Nagesh B L
Adv. Nagesh B L
Bangalore / Bengaluru | 400+ Answers
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Isme parshan hone ki jarurt nahi bai tumhe bilkul bhi bhaut aram se ho jaega aur tumhra case bhi solve ho jaega. Me khud iss cheez me specialist hu aur ek bar puri baat janen ke bad case ki fees bta pauga aur jaldi se jaldi iss case ko khatam krne ki koshish kar sakte hai.
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Adv. Kalyan Sahai Agarwal
Adv. Kalyan Sahai Agarwal
Jaipur | 25+ Answers
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Hi,
You can file the petition for Divorce in the concerned family court. on the basis of Cruelty.
You need to consult the lawyer and file the Petition for divorce
.this is a stronger groud for divorce but for that u have to collect some evidence as per your story and also file one application to concern Police Station regarding threats from ur wife.
Thanks
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Adv. Ajay Singh Gaur
Adv. Ajay Singh Gaur
Jaipur | 25+ Answers
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In your case free work cannot be workable because it is hard labour work and as u already told me that her brother is Advocates so this is a multiple ligitgation course. Please act available. Playback Consult to a lawyer as soon possible to get justice
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Adv. Akhil Verma
Adv. Akhil Verma
Delhi | 25+ Answers
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you can take divorce by applying in court if you are not happy with your relationship and can also complaint to police about all the persons who are threatening you. But if you don't want divorce than there is nothing law can do. Law cannot force anybody to be in relationship. Remedy you can get from court is only when you want divorce maximum you can file case for re institution for conjugal rights if your wife is not living with you under same roof , else no remedy in law.
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Adv. Sagar Kothari
Adv. Sagar Kothari
Delhi | 25+ Answers
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Please come to the court, free advise is available. Many of my colleagues are standing counsel in District courts, if you visit there, they will find you with ease. You will get free advise. By the way, I believe your wife may be seeking divorce from you now and you will get that. Just talk to your wife about divorce, she will be more than happy to hear this. You can negotiate as well.
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Adv. Kumud Shekhar
Adv. Kumud Shekhar
Delhi | 50+ Answers
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in the present facts. you may file a criminal complaint saying all the facts in detail since before your marriage and till now leading you to file the complaint. simultaniously file a divorce petition in the court having competent jurisdiction.
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Adv. Gurmeet Singh
Adv. Gurmeet Singh
Dehradun | 25+ Answers
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Dear
Its a very sensitive issue we should plan a strategy according to various judicial principals of Divorce enshrined in Hidu law or Muslim law
Fisrt try to involve some senior family members to mediate between u and ur wife
And than go for a divorce proceedings
Regards
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Adv. Ehtesham Hashmi
Adv. Ehtesham Hashmi
Delhi | 25+ Answers
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