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Constantly insulting the other spouse and humiliating him in presence of others does amount to cruelty.
Requiring the other spouse to live beyond his means in order to enable the matrimonial life to continue and not desisting from extravagances though requested by other spouse can as well amount to cruelty in certain circumstances.
Thus, in order to entitle you to file a petition for divorce, you would be required to prove that your wife has deserted you without any reasonable cause and has been living separately for a continuous period of two years. A Husband is entitled to seek divorce or judicial separation in case the wife is living away from him without any reasonable cause.
However, the wife should be living away from the husband for a continuous period of not less than 2 years, before any petition for judicial separation or divorce can be filed.
The cruelty however should be of such a nature that it causes reasonable apprehension in the mind of the spouse claiming divorce, that it would be harmful and injurious for him /her to live with the other spouse. If one of the spouse is not ready to give divorce at any cost, then the remedy for the other spouse is to file a petition for divorce before the court.
However, a divorce can only be granted under certain prescribed circumstances under Hindu Law which are described in Section 13 of the Hindu Marriage Act.
But in case the petitioner’s case is of exceptional hardship High Court is in empowered to grant leave to file the case before the expiry of one year. Under Section 17 of the Hindu Marriage Act, bigamy is punishable u/s 494 & 495 of the Indian Penal Code.
Section 494 prescribes for imprisonment, which may extend to 7 years and fine.
Daily domestic quarrels between husband and wife do not entitle either of the two to file a petition for divorce against the other.
It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce.
Callous attitude in this behalf can amount to cruelty. Wife writing defamatory letters imputing adultery to husband, to his official superior, other authorities and colleagues, wife eroding the mental peace of husband by showing callous indifference to husband’s parents who were very unwelcome guests to her household. 25 (I) willful refusal of a respondent spouse to consummate the marriage is a ground for annulling the marriage at the instance of the petitioner. You can also file a divorce petition in a separate Matrimonial Court. You can file an application in the court for custody of her son on the basis of the ground that your husband is a drunkard. You can get your marriage registered under Special Marriage Act, in case none of you want to change your religion.
This is cruelty on the part of the wife and you can seek divorce on these grounds under the Hindu Marriage Act, if the marriage is performed according to Hindu rites. Marriage solemnized according to Hindu rites subsequently registered under the Special Marriage Act, would not confer upon a spouse the right to annual marriage under s. On no such ground a Hindu Marriage under the Hindu Marriage Act could be annulled although impotence at the time of marriage and its being continued till the institution of the proceeding was such a ground. And in case one of you change your religion then your marriage can be registered under your respective Marriage Acts. Under Section 14 of the Hindu Marriage Act 1955, no petition for divorce can be filed within one year of the marriage.
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These grounds include cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.