In laws threatening me. How can i get divorce from my wife?


I want to divorce my wife. She is presently staying with her mother. Her father passed away. Now her in laws are giving me threats that they are going to kill me and beat me. They call me namard.

I have 6 month old daughter as well. How can i get divorce from her? She has made my life hell and i can't even look at her face now.

Answer

Assuming you are hindus,
You can file for divorce under section 13 of the Hindu marriage Act.

Section 13 of the Hindu Marriage Act which covers divorce has been reproduced below for your better understanding.

Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-

i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

b. 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

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. 

iv. has been suffering from a virulent and incurable from of leprosy; or

v. has been suffering from venereal disease in a communicable from; or

vi. has renounced the world by entering any religious order; or

vii. 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.

 

So as per the above mentioned Section, you can seek a decree for dissolution of marriage (divorce) on any of the above mentioned grounds.

Depending upon the facts of your case, you may file it under the grounds of cruelty which includes mental as well as physical cruelty. Or any other ground which you feel can be fitted in your circumstances.
Further, since you have a small daughter, you will have to provide your wife maintenance under Section 125 Crpc.


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