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Chandra Singh (None)     07 February 2014

Can a man apply for divorce

My son got married in 2012 and then went to New Zealand to continue his job. But his wife wanted to go back to India.So she mentally harassed him and threatened him she would commit suicide or go for abortion. Unable to bare the torture, my son has decided to move back to India after few months. Even after coming to India she continued to torture my son and our whole family. She harassed the family by fighting with us on trivial matters and always threatened us on different things like committing suicide, filing false allegations on us or spoiling our image by projecting wrong stories at media. After a few months they started to live separately. But her harassment is still continuing. She doesnot even make food or take care of the baby. My son's health is deteriorating because of this nuisance. His career is also getting effected. Can my son file for divorce. On what grounds can he do that. What evidence is required to support his case.



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 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 February 2014

One of the grounds of divorce is Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. 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 s*xual act etc are included under cruelty.

fighting back (exec)     07 February 2014

@chandra singh, first and formost, hire a good and trusted lawyer, secondly, give an intimation to the nearest police station and womens protection cell about the suicide threats given by your DIL, third, start recording the threats on mobile, secret video. forth, if your son has property on his name, get it transferred, sold out, fifth, immediately write down all your story in detail, hand it over to your lawyer, to draft a petition for divorce, sixth, get your son ready  to pay maintainence to her. seventh, collect her qualification and work experience certificates, her IT returns. 

Laxmi Kant Joshi (Advocate )     07 February 2014

try to solve your problem amicably with her wife , take help of her parents and if required take help of your both sides of relatives to solve your problem , before thinking for divorce take some precautionary steps and try to solve it , don't give it elastic form , if you think that you had done all your efforts to save their marriage, then do one thing record all her threatening phone calls , sms , emails in your high quality mobile phone and on that evidence made a written report to the police station of your area , mention in your report about her suicidal behaviour and all of the threatening for filing false case of dowry harassment and domestic violence against your son and your family , after making police report wait for 10-15 days and then file divorce case u/s 13(1)(i-a) of hindu marriage act in the family court of your district on the ground of mental cruelty .

Laxmi Kant Joshi (Advocate )     07 February 2014

try to solve your problem amicably with her wife , take help of her parents and if required take help of your both sides of relatives to solve your problem , before thinking for divorce take some precautionary steps and try to solve it , don't give it elastic form , if you think that you had done all your efforts to save their marriage, then do one thing record all her threatening phone calls , sms , emails in your high quality mobile phone and on that evidence made a written report to the police station of your area , mention in your report about her suicidal behaviour and all of the threatening for filing false case of dowry harassment and domestic violence against your son and your family , after making police report wait for 10-15 days and then file divorce case u/s 13(1)(i-a) of hindu marriage act in the family court of your district on the ground of mental cruelty .

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

Constant threats by the wife to commit suicide is also considered as an act of cruelty, besides other acts of cruelty by her.   If your son is unable to tolerate her tortures (both mental and physical), he can file a divorce case against her on the grounds of cruelty, but you have to watchful about the provocative retaliations from he side in the form of false cases following suit to your divorce petition.

1 Like

Chandra Singh (None)     08 February 2014

Thank you all for the advice and support. How long does it usually take for the divorce process. Is there any caution that we should take before applying for divorce.


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