Legal Question in Family Law in India

my cousin is married for 15 years but from day one he never got along with his wife, though he tried is best to change her perception and was patient but she did not change. She refused to take interest in household stuff, or work, or participate with him in the social functions which were essential for him, whenever he forced her for something she threatened to commit suicide. Hence he kept quite and beared the mental torture, even she refused to adopt a child after she had a medical issue after an abortion. He is going to mental agony and now for more than one year lives seperately and seeks divorce. But she or her family refuses to even discuss anything - neither coming up for divorce nor for a discussion to patch up. What and how he should proceed.


Asked on 4/28/11, 1:34 am

4 Answers from Attorneys

Vishwa Arya Arya & Co.

It is your cousin's decision as to whether or not he wants to save his marriage. If he is ready for divorce, facts are ripe for it. one year seperation. she had been cruel in not adopting a child. she had been cruel in not taking interest in household or work or social functions. she is cruel in threatening to commit suicide. these three reasons are good reasons for cruelty leading to divorce.

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Answered on 4/28/11, 1:38 am
Sanjay Kalra Sanjay Kalra & Associates

Your cousin should file a petition for Divorce and pursue it diligently.

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Answered on 4/28/11, 1:43 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is clear from the above that neither the girl nor her parents are inclined to give divorce. in this situation, the boy can file a petition for divorce on the grounds of cruelty.

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Answered on 4/28/11, 6:20 am
M K Law Associates M K Law Associates

Hello !

If, Girl is doing all the above said things without any history / past of torture by husband or any major issue(s) between the Spouse, than it is very abnormal. She needs medical Help. Try to convince her and take her to Psychiatric.

Legally you can any time proceed with Divorce Petition in the District Court having Jurisdiction on the bases of Cruelty.

With Regards

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Answered on 4/28/11, 3:32 pm


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