Legal Advice

Cruel behavior of wife: Ground for divorce

Query

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.

Advice

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.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Divorce Cases | Family Law

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