Response

“Please seek a lawyer’s help and file a divorce in your area family court. If the grounds for divorce can be proved with evidence, you will get divorce. You may be asked to pay some alimony if your wife is not earning.

Cruelty under Section 13(1)(ia) of the Hindu Marriage Act talks about the behaviour of one spouse towards the other which results in a reasonable apprehension in the mind of the latter that it is not safe for him or her to continue to stay in the matrimonial relationship anymore with the other.

File for divorce on grounds of mental cruelty

2) wife abusing husband amounts to mental cruelty

3) wife accusing husband of haviong extra marital affairs amounts to mental cruelty

4) wife forcing husband to stay away from his parents amounts to mental cruelty

5) mutual consent divorce is best option

You can file a complaint in the nearest police station; the police will record everything you will tell them. The police will be aware of the torture you are facing; they will have all the evidence and records essential for future proceedings. Your wife will no longer be able to file a false complaint against you.

In versha kapoor vs union of India, supreme court has held that mother in law can seek protection order under DV act against her daughter in law. if she made life of her in laws miserable then her activity comes under ” matrimonial cruelty ” [Samar Ghosh vs Jaya Ghosh 2007]and it constitutes a ground for divorce.

According to Section 52 of Divorce Act 1869 that enumerates, Competence of husband and wife to give evidence as to cruelty or desertion.Ñ
[by a husband or a wife, praying that his or her marriage may be dissolved”.

Reference: “””Protection of Women from Domestic Violence Act, 2005,
Divorce Act 1869

According to Section 3(d)(iii) of The Protection of Women from Domestic Violence Act, 2005 which defines Domestic Violence as
Òverbal and emotional abuseÓ that includesÑ
(a) insults, ridicule, humiliation, name-calling and insults or ridicule specially with regard to not having a child or a male child; and
(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

According to Section 52 of Divorce Act 1869 that enumerates, Competence of husband and wife to give evidence as to cruelty or desertion.Ñ
[by a husband or a wife, praying that his or her marriage may be dissolved by
reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or
desertion], the husband and wife respectively shall be competent and compellable to give evidence of
or relating to such cruelty or desertion.

Cruelty involves continuous illtreatment and there should be continuous incidents of cruelty which can cause mental injury.”””

In anresh kumar vs state of bihar 2014, no arrest can be made in dowry case merely in filing of fir. after the investigation if credible evidence found then court has power to pass arrest order. engage some people from both sides foe amicable settlement and unveil her attitude before them, it will be good evidence for you if any case is registered by her.

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