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Amit Tiwari   16 January 2025

How to give divorce to a wife who deserted her husband but came back forcefully due to her brother?

In my marriage of 3 years my wife stayed for 7 months in total. I asked her to give mutual divorce but she denied, she was doing job without asking me near her home which is 1000 km from my home. Now I didn't want to keep her as she is no more in my heart and I dislike her very much.

His brother recently sent her without asking and talking to me or my parents. Now she is living in my home forcefully and I don't want her and I am not sleeping with her. Her brother gave threat to my Chachi and said to come to my home but didn't come.

Now after waiting for 1 month I came out of my house saying that going to search job and living in one PG.

But after one month still she is there in my home. Her brother is stopping her to come back her hometown.

Now in this situation how I can give divorce to her as my home members cannot talk freely in home as she listens and says everything to her mother and brother.

Can someone tell me if there are any grounds of divorce as she deserted me multiple times in 3 years marriage. I am mentally frustrated due to this. 



 2 Replies

P. Venu (Advocate)     16 January 2025

Please repost the facts in simple language. If she is unwilling for mutual divorce, you can secure a decree of divorce only on proven grounds of marital cruelty. Your posting, as I could comprehend, reveals no such ground.

T. Kalaiselvan, Advocate (Advocate)     16 January 2025

Yes you can file the divorce case on the grounds of mental cruelty and her act of leaving the matrimonial home without any valid reason is also a good ground to prove her acts of cruelty


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