Paid Advise

Wife quarrels with my mother: Can I get divorce on cruelty?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

33507 Advices

41371 Consultations

Reading Time:

Question: We married 12 years ago and we have a 10 years old son. Our marital relationship is not good and my wife quarrels with my mother. She wants my mother don’t stay with us. During the quarrel she spoke awkward words, abused, and raised hand on me.  One day she called the police and I spent 4 hours at Mahila Thana. We can not stay together.

Question from: New Delhi

Such an act of your wife constitutes cruelty. A husband can seek divorce on the grounds of cruelty of his wife. Section 13 of the Hindu Marriage Act recognises cruelty as a ground for divorce. Simple trivialities between spouses do not amount to cruelty. 

In Dr N.G Dastane v. Mrs S. Dastane. 1975 2 SCC 326 the Supreme Court In many marriages each party can, if it so wishes, discover many causes for complaint but such grievances arise mostly from temperamental disharmony. Such disharmony or incompatibility is not cruelty and will not furnish a cause for the dissolution of marriage. We will therefore have regard only to grave and weighty incidents and consider these to find what place they occupy on the marriage canvas. 

For seeking divorce on the ground of cruelty, the nature of cruelty should be dangerous. The nature of the cruelty should be such as to cause reasonable apprehension in your mind that it would be harmful for you to live with your wife. 

Your wife has called the police on a quarrel. You spent four hours in Mahila Thana. This incident proves that she can create a big incident which may have a drastic effect on your life. 

File a divorce petition

You can file a divorce petition on cruelty. Court can assess the amount of cruelty in regard to the social status of a spouse. A person of good repute feels immense humiliation during the captivity of a police station. 

In V. Bhagat v. D. Bhagat 1994 1 SCC 337 the Supreme Court has held that mental cruelty in section 13(1)(i-a) of the Hindu Marriage Act can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other.

The circumstances of your case suggest that your wife may rope you in a false criminal case. Therefore, you can easily prove that due to the cruelty of your wife you cannot live together. The court will grant divorce decree upon the proof of cruelty. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

What happens if I break my girlFriend engagement? 

Question: What happens if I break my girlFriend engagement? My girlfriend is engaged with another person without informing me, now I want to marry her, but she moved on. What I can do in this situation shall I approach the groom to convince.  Asked from: Uttar Pradesh...

Can I get divorce for marrying another person?

Question: Can I get divorce for marrying another person? I am 34 years old. I have been married for 2 years but I feel suffocating in the presence of my husband. I am also having an affair with my colleague  at the office. My husband would let me take divorce easily....

Will my husband get baby boy custody?

Question: I got married on 3rd march 2020. I have a one year old baby boy. My husband is an alcoholic smoker, drug abuser, ganja addict. He is always there in fights, he even has a sword and gun, he beats me and even has extramarital affairs. Now I have left his house...

My minor son sent messages to my husband about my affair

Question: My minor son sent messages to my husband about my affair. He sent a message to my husband that I have an affair but later he realised and asked sorry, but husband using that message in court to prove I have affair what to do? Asked from: Karnataka I think...

How to get a mutual consent divorce within six months?

Question: I was married to my boyfriend when I was studying in B.Tech. We solemnised our marriage in a temple. How to get a mutual consent divorce within six months? All those things happened in hush-hush. No one knew about our marriage but we got registration of our...

Legal validity of consensual relationship with brother

Question: It is a complicated situation for me, I am a 40 year old lady. My husband was an abuser and we have legally divorced 6 years ago without any issues left. I left my hometown, came to Delhi to join a job and started staying with my brother who is never married...

Child Custody to a third party 

Question: My partner wishes that I could take legal custody over her. She is happy with her family but wants to leave. I live in the UK, and she lives in India. What (if any) are our options? Can the court allow child custody to a third party?  Asked from: Uttar...

Girl’s family is threatening for love jihad case

Question: My friend is muslim he loves hindu girl. Girl’s family is threatening for love jihad case so he want to convert to hindu religion. He loves that girl and agreed to change his religion. Now he is afraid that the girl’s family may file a case against him and...

How can I leave my husband’s home without his consent?

Question: Hello, I have been married for 6 yrs. And my in-laws have been demanding for more dowry. How can I leave my husband’s home without his consent? The gold gifted during my marriage is in my father in laws custody. Well I did not encourage more dowry and hence...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54