Legal Question in Family Law in India

Need a Divorce

I got married on 7th Nov 2005. Since then my wife had hardly stayed with me for a month and since then she is staying with her dad and mom's house. She is putting aligation on me saying that i don't speak to her, i don't take her out, i come late from the office. Yesterday after two months here dad and mom had come and had fought with my dad and mom. There where there saying - Your son does not treat our daughter very well, he has some girlfriend, he has slapped me once. We where all surprised to listed to this as she had hardly stayed here with me.

In return she has mentally tortured me a lot. Every night she used to sleep with me and after getting physical she used to ask me for more then 3-4 times daily and she used to abuse me very badly that you are not a man and all that. She also used to play with here private parts and used vibrators in front of me. I was really shocke dto see that asuming that she is a physco.

Now that we are staying apart since last 3 months i need a divorce. Please let me know how it is possible. My dad and mom have also agreed to support me saying that she is not a good girl for you. This was an arranged marriage. The Girls age is 24 and I am 34.

Please help.


Asked on 4/13/06, 5:33 am

4 Answers from Attorneys
Siddhartha Shah Siddhartha Shah & Associates.

Re: Need a Divorce

As regards your query you need to consult a divorce lawyer and initiate appropriate legal proceedings on the grounds of mental cruelty for seeking appropriate reliefs as required for the purposes of getting divorce as sought & naratted by you. You may file your petition at the place of jurisdiction where your marriage took place or where your wife resides. This should clarify your query in brief, since you have not naratted all the facts in detail.

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Answered on 4/13/06, 6:36 am
Pravin Vaidya Independent

Need a Divorce

Reply: It is presumed you both are governed under Hindu Marriage Act(HMA). you can certainly seek divorce under HMA on the grounds of mental cruelty and physical harrasement. This can be done only after you both are judicialty separated at least for one year You may file your petition at the place of jurisdiction where your marriage took place or where your wife resides.

For further guidance reference can be made to me with full details against payment of professional charges

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Answered on 4/13/06, 12:32 pm
Vivek Anand M/S.VIVEK ASSOCIATES

Re: Need a Divorce

You can file a petition seeking divorce on the grounds of Cruelty. You can also make an appropraite application to condone the statutory period of 1 year on the ground of irretrivable breakdown in marriage.

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Answered on 4/13/06, 1:25 pm
Prabhat Shroff Shroff & Company

Re: Need a Divorce

You can certainly apply for and obtain a divorce on grounds of mental and physical cruelty. An application can also be filed for condonation of time since one year of marriage may not have elapsed.

However, it is important to know as to where you or your wife reside and where were you married, to ascertain court's jurisdiction

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Answered on 4/17/06, 12:55 am


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