A wife is inflicted to mentally cruelity by her husband. Her husband either does not feel so or does not accept so. She leaves the house with out informing him and takes a different house for rent and stays there. Can the husband put a legal cases against her for this?
A wife is inflicted to mentally cruelity by her husband.(2 posts)
What type of legal case you anticipate?
If the ground is only of the wife staying separately the husband can file a case for restitution of conjugal rights for bringing the wife back. If the wife refuses to come then the husband can also seek divorce on the grounds of Desertion by the wife, provided the wife is continuously staying away for a period of over two years.
However, if the wife justifies that she has left the matrimonial house because of cruelty meted out to her, then her action would be justified and the husband cannot be granted divorce on the ground of desertion.498A CRUSADER
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