Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Can verbal abuse by spouse be considered as grounds for Divorce in India?  (Read 1415 times)

0 Members and 1 Guest are viewing this topic.

Offline nb20

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
I've have been married for almost 6.5 yrs and ours was arranged marriage. The history of verbal abuse starts worth my father-in-law and the same has been picked up by my husband while growing up.
For the first 2 years, he was good and never verbally abused me while arguing. But from our 3 rd Anniversary onwards, in every argument of ours, he would start verbally abusing me. Initially I kept quiet but then I started losing patience and stated back answering him in his own tongue.
Last year in June, he organized a meeting involving parents where he wanted to discuss about getting seperated. But later when asked, he back tracked his statements and said he didn't want to separate and would want to live together and should try and improve.
But he hasn't changed and still verbally abuses whenever we we argue. I told him time and again that it should not exist in relationship if we were to live peacefully. Verbal abuses are hard limit for me.

Kindly advise, I'd verbal abuse can be grounds for divorce as this is taking toll on my overall health and I feel mentally tortured because of same.

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1244
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
abusing each other cannot be proved but it tantamount to cruelty and as per Law it is a good ground for divorce. I am not going into details of evidence of abuse etc etc. Further if you are staying with him then he cannot file divorce petition as first criteria for divorce is to reside separately.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline am

  • Jr. Legal Expert
  • **
  • Posts: 57
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Thank you sir for somuch detail.
It helps all to get knowledge.
I agree sir that this is really ground for divorce. But sir if the abuse (specially verbal) cannot be proved, then how can divorce be granted by court when the other party will deny the fact of abusing? Sir please throw some light on it.
abusing each other cannot be proved but it tantamount to cruelty and as per Law it is a good ground for divorce. I am not going into details of evidence of abuse etc etc. Further if you are staying with him then he cannot file divorce petition as first criteria for divorce is to reside separately.

Offline nb20

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Thank you for shedding some light... But as asked before, If  I'm not able to prove that he verbally abuses me, how will the court grant divorce? I say this because he behaves differently with people outside home, will not abuse verbally then. Also, people who have witnessed my husband verbally abusing me , will court accept them as proof?

Kindly advice.

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1244
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Abuse cannot be proved until and unless other party admits it. Witnesses will not enough due to technical law point which you cannot understand in general sense. It is not suggestible to file a divorce petition by wife. For proper and legal point for divorce petition, you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline saravanan.s

  • Veteran at Law
  • *****
  • Posts: 311
  • Karma: +23/-1
  • legal advisor
    • View Profile
try to ignore him as you did in the past.overtime he would stop abusing you as you are not responding to his abuses.difficult thing to do but you got to do it.if he indulges in physical assault then you can approach the protection officer to file dv case on him

Offline am

  • Jr. Legal Expert
  • **
  • Posts: 57
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
You may keep record

Offline nb20

  • Newlaw
  • *
  • Posts: 3
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
I tried talking to my husband and sort out the issues, but he won't listen and has told me he's not interested in this relationship anymore and has asked me to leave the house immediately. He said his parents know he's not interested, and is adjusting for them. I ve asked him to speak to his parents and mine and tell everyone that he wants to call it quits, but he won't even call his parents. He's not even ready for couple concelling and is raising questions on my character and name calling.
Kindly advice, if I should leave and separate or should stay in the same house like strangers.
I'm hurt badly and cannot risk loving him... Neither do I tolerance towards his name calling and control freak attitude.

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India