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Procedure to take divorce on grounds of harassment
02-Jul-2023 (In Divorce Law)
Hello, I married my girlfriend after 5 years of relationship. Now its been 4 months of our marriage but my wife is misbehaving a lot and tried to suicide in front of us once. She mistreat me and my parents . Now its been one month that she went to her parental house after a querrel between her family and my family. After going there she talk a lot of bullshit about me and my parents and sister on chat. She is not pregenent. I know I can file for divorce after 1 year of marriage. But I want to know if she won’t agree for MCD then how long the contested divorce case would run? How much maintenance I would need to give if I earn around 80K. How much alimony I need to give if I have no property and not much bank balance. Does the bank balance and property of my father matter in this case to decide alimony if I am the only son of my parents (Have one married sister). Please help how can I get rid of her asap if she doesn’t agree for MCD. Thanks
You will first have to file a petition in court and the court will decide on the amount depending on income and also on how many dependants you have in your family and also on the qualification of your wife
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Adv. Palak Nenwani
Delhi | 100+ Answers
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As you have mentioned that your wife 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. Mental cruelty has been elaborated upon by the Supreme Court of India to include:
“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.”
For the maintenance the amount will also depend upon the earning living standards of ur wife. For that we need to get the income from all the sources including moveable and immovable sources and also all the expenditures of yours and ur wife whatever you can predict.
“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty.”
For the maintenance the amount will also depend upon the earning living standards of ur wife. For that we need to get the income from all the sources including moveable and immovable sources and also all the expenditures of yours and ur wife whatever you can predict.
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Adv. Abhishek Singh
Delhi | 25+ Answers
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Hello. Yes you cn take divorce after an year. Right now what you can do is file a case of restitution of conjugal rights in court, the court will send legal notice to her and ask her to appear before court and will ask reason for seperation. There court will try to solve the issue if seems so or else will ask for her demands . Yes u have to according to your standard of living . Alimony is based of money spend on marriage and children .
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Adv. Meenakshi Aggarwal
Delhi | 100+ Answers
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Hello sir, I understand your problem you can file a divorce petition against your wife before she files any case against you. Also you have to take care of many things like she must be working when you file such case.
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Adv. Sonam Priya
Delhi | 25+ Answers
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