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Cruel behavior of wife: Ground for divorce

If the cruel behaviour of wife is the result of chronic mental illness, the husband can seek divorce under Section 13 of the Hindu Marriage Act. Section 13 enumerates incurable mental disorder as a ground for divorce. The mental illness should be in such an extent that living with wife would be dangerous for the life of husband.

Question: My wife is suffering from chronic mental disorder therefore, I want divorce. Sometimes she becomes more cruel and beats me with anything she has in her hands. Can I get divorce for the cruel behavior of wife? She does not behave like a wife. When guests come to my house she threatens to get out of my house. Sometimes she sits on the balcony wearing only a bra and panties. When I object she abuses me and throws anything she finds.

Question from: Madhya Pradesh

Your wife is suffering from a mental disorder to such an extent that you cannot live with her. It is impossible to live with her because she does not have basic intellect. You can get divorce for the cruel behavior and mental disorder of your wife.

Cruel behavior of wife: ground of divorce

Cruelty is also a ground for divorce under section 13 of the Hindu Marriage Act. Quarrel between husband and wife on trivial issues which happens in day to day married life does not amount to cruelty of wife. Therefore, it does not form the basis of divorce. 

When the cruelty of wife becomes her general conduct and it sometimes converts into a brutal or violent behavior then it amounts to a ground for divorce. The apparent fear of life and limb to the spouse or inability to live a peaceful married life due to cruelty entitles the victim to get divorce. 

Also read: Divorce on abnormal behavior of wife

Your wife’s cruel behavior is yielding from a mental disorder. You can get divorce whether her mental illness is curable or not. An incurable mental disorder is a ground for divorce under section 13 of Hindu Marriage Act (HMA).

Due to the cruel behavior of your wife however, it is the result of mental disorder, no one can expect to live a peaceful life with her. Hence, you can get divorce on cruel behaviour and mental disorders. 

File a civil suit under section 13 of the HMA. If you have her medical history then it will further strengthen your case. You should consult a physiatrist to get his opinion about her mental illness. You can use the opinion of a physiatrist as evidence to prove her mental disorder and cruel behavior. Cruel behavior due to incurable mental disorder is an essential element for divorce.

Lawyer’s advice

Divorce within one year of marriage: Is it possible?

Section 14 of the Hindu Marriage Act prohibits divorce within one year of marriage unless there is any exceptional hardship or depravity. If exceptional hardship exists then spouse can approach the Family Court and take leave to file divorce petition within one year of marriage.

Refused leave on pending departmental inquiry

When the probability of conviction in departmental inquiry is bleak or the allegations made in charge sheet are bald then the concerned authority should not refuse your leave application. The applicant should approach the Central Administrative Tribunal for quashing of the order of refusal of leave application.

Visitation right of father: Wife does not allow me to meet my son

A non custodial father i.e. a father who cannot get custody of a child, has a visitation right to meet and spend some time with his child. Father’s visitation rights accrues after dissolution of marriage, divorce or judicial separation. It does not arise when wife is living separately due to some differences.

Right of Muslim woman while living separately

A Muslim woman who is living separately due to cruelty of husband, has right to maintenance under Section 125 of the Code of Criminal Procedure. She can also invoke the provisions of Protection of Woman from Domestic Violence Act. She can claim residence order and monetary relief under the DV Act. Her husband cannot evade himself from his marital responsibility.

Possession without occupancy certificate

Occupancy certificate or completion certificate is an important document because it proves that the flat is fit for occupancy or living. It also proves that the builder has constructed the builder as per the permission granted by the competent authority. If a flat buyer takes possession in absence of occupancy certificate it may cause harm to his property rights.

Builder giving possession in another apartment

Builder cannot give possession in another apartment because it is a breach of agreement to sell. When the builder has signed an agreement to construct a particular flat for the buyer, later on he cannot unanimously decide to give possession in another apartment. The buyer has to decide whether he wants possession or claim refund of money from the builder.

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