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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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The provisions of the said Section require that the husband and wife should be living separately for a period of more than 1 year and they are not able to live together any further.
“Living Separately” has been now defined by the Supreme Court as “not living as husband and wife and not performing marital obligations”, even if the husband and wife are living under the same roof.
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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.
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