Wife is mentally torturing since 10 years

635 votes

husband can file for separation or divorce if subjected to mental or physical cruelty by his wife, which includes false allegations, harassment, or physical abuse. Regarding property, if it is solely in the wife’s name, the husband cannot claim ownership unless he can prove it was purchased with his funds under the Benami Transactions. However, he is liable to pay maintenance under BNSS or the Hindu Marriage Act, depending on financial circumstances.

Advocate Sukhdeep Singh Khaira LawRato

669 votes

Yes, under the Hindu Marriage Act, 1955, a husband can file for judicial separation or divorce on the ground of mental and physical cruelty by the wife. Cruelty—whether mental harassment, emotional abuse, or physical violence—is a legally recognized ground under Section 13(1)(ia) of the Act. In such cases, the husband should maintain evidence like messages, emails, or medical records to support his claims. Regarding protection of job and assets, there is no law that allows seizure of a husband's job or personal property solely due to divorce proceedings. However, the court may assess the husband's financial status if the wife files for maintenance. As for claiming property in the wife's name, the husband cannot claim ownership unless he can prove that the property was purchased by him and held in her name as a benami transaction, which is difficult and subject to strict legal scrutiny. For better legal protection and smooth proceedings, it is advisable to consult an advocate and take proper legal steps with documentation

Advocate Harjeet Singh LawRato