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I have put contested divorce on wife on the basis that wife has seve
05-Mar-2025 (In Divorce Law)
I have put contested divorce on wife on the basis that
wife has several mental diseases she has discontinued her treatment since 3 years I have treatment file
She has many times asaulted and beated me and my mother father and my child I have all videos of beating my parents and my kid and police reports also she burnt my car broke dining table I have all videos on the basis of this will the grant me divorce or not
She has put false 498a also
Yes you can seek divorce from your wife from the court and also you can get anticipatory bail from the court against the 498 case filed by your wife against you and your family members and you can go for quashig of the FIR in the high court and can get the matter finished
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Adv. Brahmanand Dube
Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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1. Grounds for Divorce:
Mental Illness: If your wife has a diagnosed mental disorder and has discontinued treatment, it can be a valid ground under Section 13(1)(iii) of the Hindu Marriage Act, 1955 (if applicable).
Cruelty: Physical assault, property damage, and threats can be used as evidence for mental and physical cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
False Allegations (498A): If you prove that she filed a false Section 498A (IPC) case, it strengthens your case for cruelty.
2. Evidence Supporting Your Case:
Video recordings of her assaults on your parents and child.
Police reports documenting her behavior.
Medical records proving her mental illness and discontinued treatment.
Property damage records (car, dining table).
3. Possible Legal Actions:
Divorce: If evidence is strong, the court may grant you a divorce based on mental cruelty and mental illness.
Quashing 498A: If her dowry case is false, you can file for quashing under Section 482 CrPC in the High Court.
Counter Cases: You may file defamation (IPC 500), perjury (IPC 191), or domestic violence protection orders if she continues harassment.
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Adv. Vikrant C Deshpande
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Dear client based on your query,
Since you have filed a contested divorce,the court will evaluate your claims including your wife's mental health, past violence .You can also take legal help from skilled family lawyers to represent you case.
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Adv. Anish Palkar
Adv. Anish Palkar
Mumbai | 200+ Answers
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Yes, this is the enough ground of cruelty to file for divorce, also nobdy can restrain anyone by filing anything, but yes after all this assault and violence from her side is not easy for her to go fir 498A
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Adv. Mahrukh Khan
Adv. Mahrukh Khan
Mumbai | 200+ Answers
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Since you have already contested for divorce, strengthen your case with evidence like police reports, medical records, and videos. Defend against the false 498A under Section 482 CrPC. Seek child custody and protection if needed. Kindly share elaborate details and current status of the matter so that advise can be given more precisely.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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As you have already filed contested divorce petition you can inform these continued incidents of cruelty to your present Advocate and produce the evidence in the court. In case if you are looking for advice in the matter, we can schedule a meeting .
As you have mentioned that your wife has filed frivolous complaint of 498A, we can proceed with legal action for the same.
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Adv. Anubha Singh
Adv. Anubha Singh
Mumbai | 25+ Answers
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