Can I file for divorce due to mental torture and threats?
I want divorce from my wife because she insults me for money every time. Our marriage is also not consummated she also threatened me to put charges of marital rape if I touch her. But in front of my family and other people she becomes so innocent but in person she tortures me mentally. I don't have any evidence and my family also support her they don't understand my point. She behaves innocently in front of others but in personal time she is totally different. What should I do?
Mental Cruelty: You can plead to divorce her on the above-mentioned grounds under the Hindu Marriage Act, 1955. Her words of insult and threat of accusing you of false cases can be alleged as mental torture. Non-consummation of marriage is also supporting evidence. Document all incidents of abuse or threats for proper citation in court as proof. Consult a lawyer to guide you through the divorce process and to address any potential legal challenges from her regarding marital rape allegations.
Since your marriage has not been consummated, you can consider filing for a decree of nullity or divorce on the following grounds such as cruelty under section 13(1)(ia) of the Hindu Marriage Act 1955 and non-consummation due to refusal under Section 12(1)(a) of the Hindu Marriage Act by providing evidence such as threats, insults, any messages or communications. You can approach the court for counseling and mediation that help clarify issues.
Sir, even though you feel like there is no evidence of her behavior but it is crucial to document everything. You should start keeping a detailed record of any instances where she insults you, threatens you, or behaves abusively as mental cruelty and physical abuse are considered as ground of divorce. It is advised to consult an expert lawyer who will assist you to file petition for contested divorce in family court. For further legal assistance contact us on our helpline number.
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