Contested divorce on mental cruelty ground but wife refuses moving out
Civil »Posted 13 Jun 2019
My father owns the house we stay in. I am married for 1.3 years. I want to file a contested divorce on the ground of mental cruelty. My wife has psychiatric issues however she works for a well-known company.
She beats me, bites me and abuses me using foul language. She also abuses my parents. I have shown her to psychiatrists but she refuses to continue treatment, her parents too aren't supportive and they too abuse us .
I have reported these to the local police station. She also used to stay outside home for months without telling us but now she is refusing to move out of home when she got to know that we are tired of her and want a divorce.
She would not give a mutual divorce in any case.
I want to file a contested divorce but as she refuses to move out of the house can I file divorce as many lawyers say I can't until she moves out of home, while one lawyer said I can but he is asking a huge sum of money to file so I need to know the clause via which I can file contested divorce without her moving out of home or any ideas to move her out of home .
yes you can wife has legal right to stay in your house till divorce , which fool would move out volantariily . you file suit . and prove your point then she will have to go out .click like
SIR , IN YOUR CITUATION HER MOVING OUT IS NOT POSSIBLE BUT YOU CAN FILE DIVORCE . THERE ARE FEW STRATEGIES YOU NEED TO ADOPT. YOUR CONTESTED DIVORCE WILL COST YOUR REASONABLE ALSO. BUT IT IS NOT POSSIBLE TO TYPE SO MANY THINGS SO YOU ARE REQUESTED TO CALL / WHATSAPP ME OR EMAIL ME FOR DETAILED DISCUSSION. REGARDS, DEBISREE ADHIKARY, ADVOCATE, HIGH COURT CALCUTTA, MANAGING PARTNER, D AND D LAW AND TAX FIRM, KOLKATA
Dear client,Yes you can file divorce .Dear client first of all your father can file case against u and ur wife and asking u and ur to evict his house because the house is in ur father name .dear client for more clarification u can contact me and I m happy to help you.RegardsAdvocate Mudassar Khan09810803958
Yes. You can file for divorce on mutual contest grounds even if your wife is staying under the same roof. However, there should not exist any physical intimacy between you and your wife. If she is really mentally sick how come she is working for a well known company? But, whatever, till she is provided another residence, you might have to accommodate her wherever you can.
On the contrary, if your father issues notice to both of you to vacate the house, it becomes your responsibility to provide her food and shelter till the day of decree of divorce is granted.
click like please
If your wife does not agree for mutual divorce then you can file divorce case on the ground of cruelty. Your wife is not required to move out to make you entitled to file petition for divorce. You can file divorce petition even when if she is living under the same roof. As such there is no embargo in law. A daughter in law does not have right in the in law's house. Living of your wife under same roof will creat a constant and continuos nuisance. You are required to tackle the issue tactfully. If required consult with details.
Dear Client,Contact me personally through this website administrator. I will surely help you out in this matter and can explain you more. Do pay the consultation charges before consultation.RegardsMunish Goyal AdvocateM/s Munish Goyal
sir first insert cctv camera in house visible and hidden both for the evidence , then go to the police and tell every thing . then go for the medical test of wife through the court , with that make the wife admit at mental hospital for the treatment , then go for the divorce that too ex parte . as she will not agree for the divorce , then try for your transfer with parents so that she or her family can not locate you .