Legal Question in Family Law in India

i want to know, can a person seek divorce only on the ground of mental harassment? and doubt of her external affair which supports by her behavior with him?

here is one case and i want suggestion:

there is one married couple and more than 4 years have been completed to their marriage. that the husband very honestly told about his previous love affair to his wife at the very initial days of their marriage.

that the wife knowing this fact started to blackmailing him and was started to compel him to fulfill her each and every demand otherwise she will disclose this fact to every one near relatives to him and damage his image.

husband also started to fulfill her demand though he was not too much capable economically they went to honey moon, they used to go out of the home for dinner once in a week. though he was working as a lecturer on CHB and was not earning so much still he had to fulfill her demand.

his family was also not so much rich, his father was retired from govt. service. the whole family was dependent on father only on their pension. he has 4 unmarried sisters pursuing their education and one elder brother but lives separately. so no any kind of economic support by elder brother. only father had to manage every thing.

that his wife was not working in home properly means she was not performing her household responsibilities neatly, she is 12 th pass girl. so no question of any kind of her job and that was not expected also. the parents only wanted a girl (daughter -in -law) living with them with love & affection and perform her household responsibilities.

but his wife was not as per the expectations of parents vise verse she was behaving arrogantly with parents and sisters also. parents were try to understand her and also informing to her parents about her faults but still if she not improved they were ignoring her behaviour and was saying nothing about it.

as husband was not in position to spend more money for her demands due to his less earning, his wife started to tell about husband's ex girlfriend to his friend's wife and was saying " see my husband's ex girl friend". as he was loving his ex girl friend and was going to marry also but due to inter caste they couldn't marry. he was obviously little attached with mind and therefore kept one photograph in his mobile. he couldn't delete that photo even after marriage. but it was not that due to his past affair he was ill treating his wife. but still his wife was damaging his image in friends as well as in relatives also by saying that " my husband day & night see his girl friend's photo and don't love me and after saying this to relatives used to crying" and relatives was also believing thinking that she might be right.

thus though he was not guilty his image damaged like this.

next as this 2 years spent after their marriage and he posted on govt. service out of the home city. he joined their for service and was coming home every end of week. after posting husband's on service wife's arrogance behavior increased.

once incident happened that parent demanded some kind of money help as they were in need of money then wife said "how shameless people, how can demand money help to son" his sister heard this statement and got angry and said, " see brother, have you heard what your wife said now and still you are very calm! i wonder really. well i don't care about it and don't expect anything from you. but please i can't bear such type of insult of my parents, so you take your wife with you as early as possible. live there happily but don't bother us.

husband took his wife with him and was living separately at the place of service. means within 3 months after his posting on service he and his wife

went to live there.

now here, after coming at service place wife was compelling husband to go out for dinner everyday. was not preparing meal at home. was not washing his clothes if he doesn't fulfill her demand. she was always demanding for gold ornaments. it means she was not giving any chance to help his family members economically.

wife was threatening him to commit suicide if he didn't listen to her. she was always obstructing him from sending money to his family.

she was always making call to her aunt's son with whom her marriage was fixed since childhood, but when the time came to marry her aunt rejected to make the relation. and she was calling him only after husband went to office.

she even made calls from husband's mobile 2 or 3 times. when he noticed this unknown number from his mobile and even checked wife's mobile, then he found received calls of same number on her mobile. he came doubt and made inquiry of that number then he came to know that this number is her aunt's son.

after knowing this fact he asked about this, then she plainly rejected that she never talked with him on mobile. but there are phone details of this. so he is full doubt that she has affair with him even after marriage.

truthfulness of his doubt is supported by -

1. her behavior with him. (she don't cook properly though she is perfect cook, don't wash his clothes etc.)

2. when husband go to his home city to his parents in holidays for 2 or 3 days she doesn't come with him and lives alone there.

3. she doesn't allow husband to bring his mother to live there. so that she will get privacy to talk with his aunt's son after husband leaving home.

she always try to damage husband's image in people. this is also supported by -

1. she tells about his ex girlfriend's photo. ( in fact she is not alive in this world now, she died accidental in her in laws house)

2. once she directly went in his office and started to cry without any reason. when asked about reason says her leg is aching.

3. when husband says to come with him to his parents home in holidays doesn't get ready, once when they came to railway station for coming to his parents, she started to cry even at railway station, saying that dirty smell is coming.

thus she is deliberately bothering him, harassing mentally by damaging image. forcing him to leave his parents.

he is in fear that if he didn't listen to her and didn't fulfill her demand and if she tried to commit suicide just to threat me and by mistakenly if really she died he will get a big problem in future.

hence by this mental harassment he cannot live with her and wants to get separate from her. want divorce.

will he be success to get divorce on the ground of - not performing marital duties, mental harassment, strong doubt of external affair?

please give me proper suggestion in this case.

1 Answer from Attorneys

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