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Procedure to file divorce on the grounds of cruelty


15-Jun-2023 (In Divorce Law)
Hello Sir, I have a 3 year old son from my first wife and due to being single father I thought I should get married so that she can taker care of him, but soon after marriage she started acting helpless all the time. My mother has to work all time and she just take rest. She doesn't love my child and always forced me to get separate and due to that my family disowned me and took my son because my second doesn't my child as she consider his a nuisance. Being a father it's very hurtful and my father is not allowing me to see my child. My second wife destroyed my life. I want to give divorce to her. Please help me otherwise she will destroy me as well.
Answers (3)

Answer #1
762 votes
You have a remedy to dissolve this marriage by filling petition on the ground of crulity, however there is specific definition of crulity but there are several precedents/judgement of apex courts to know the crulity, as you said that your wife has destroyed your life it means there would be many incidents which may applied to file this case. You may file this case in district court where you both are residing, have resided together or where your marriage was solemnized.
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Answer #2
761 votes
hello,
If she is ready for mutual divorce you can file for it if one year has elapsed after second marriage, otherwise You can file a divorce petition on the ground of mental cruelty.
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Answer #3
778 votes
You can file petition for divorce on the ground of cruelty. If your at the time of marriage was aware about the fact that you already have a child from your first wife, then she have to take care of your son and parents also. Incidents mention by you comes within the definition of cruelty but you have to prove the same
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