Can a woman file divorce
Pankaj Patil
(Querist) 01 January 2019
This query is : Resolved
Hello experts,
My sister is married from past 18yrs and her husband has become an alcoholic since past 10yrs and doesn't work. My sister is managing all expenses by working. They have 2 daughters. My sister is fed up of this man's alcoholism. She wants to file a divorce, can she do so?
Can you please guide me? She is in huge depression and under mental stress. Please give your expert opinion.
Regards,
Pankaj Patil
kavksatyanarayana
(Expert) 01 January 2019
You may consult an experienced Advocate who knowledge in divorce cases of your area with evidence you have.
Sudhir Kumar, Advocate
(Expert) 02 January 2019
divorce can be filed.
But since your sister has borne with him for the last 18 years she will do nothing but will simply bear torture.
Dr J C Vashista
(Expert) 02 January 2019
Becoming alcoholic and not working is "no" ground for divorce.
They (couple) have already adjusted for the last 18 years, nothing new/ fresh / recent for them.
Let them settle their issues amicably or with the intervention of their family members, wherein you are one of their relative.
No one can stop your sister to file a case for divorce, but what after that...., just let her reconsider her decision to move to Court for any relief and life of children ??
Pankaj Patil
(Querist) 02 January 2019
Thanks for your guidance.
Vijay Raj Mahajan
(Expert) 02 January 2019
Husband being alcoholic is no ground for divorce however after consuming alcohol indulging in physical and mental injury to the wife or children is act of creulty on the basis of which divorce can be prayed and obtained by the wife.
The wives seeking dissolution of marriage usually succeed ultimately as husbands do agree to it at one time or so.
Your sister can move the petition for divorce on the ground cruelty and make the husband agree for divorce.
Divorce by mutual consent by both parties is best way to get rid of the broken marriage and that will ultimately result in future.
Isaac Gabriel
(Expert) 02 January 2019
It is too late to go in for divorce.Rather ignore him and carry-on for the sake of keeping the marriage alive for the rest of life without any stigma.
Isaac Gabriel
(Expert) 02 January 2019
It is too late to go in for divorce.Rather ignore him and carry-on for the sake of keeping the marriage alive for the rest of life without any stigma.
Akshay
(Expert) 05 March 2020
Hi
Thank you for your question
As per your query (being alcoholic) is no ground to get divorce but under sec 13(1)(ia) of HMA,1955 says talks about cruelty,
The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act and such are included under cruelty.
In so many Judgments the Hon'ble Supreme Court and Hon'ble High Court has dissolved the marriage on the grounds of cruelty.
Hope this will help you
Best regards,
Akshay Gupta
Raj Kumar Makkad
(Expert) 05 March 2020
i do agree with the advice submitted above.
