• How to head for divorce

I want to divorce my husband as he and his family lied about his qualifications, his age and also about his job. Even after being married for around 2 years I hardly have any idea about his salary or his job. He never introduced me to anyone as he was also having an affair and also use to beat me sometimes. He is very abusive and tortures me mentally. I have a son who is 10 months old only. I asked him to register our marriage but he didn't. I have no idea on which ground I should file the divorce. I left his house whenever we fight he starts blackmailing that he'll end his life. The first tym ieft his home he promised me that he will not abuse me and beat me also will not not say anything ill about my parents but when I returned back he asked me not to go to my brothers place. Again he became abusive and asking me to leave his house otherwise he will throw me out
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. Well,the material suppression of fact is ground for declaring the marriage as null and void.

2. However on your case you have stayed with him long time so you can take this plea of material suppression.

3.So your relief lies in suit for divorce on the ground of mental cruelty which though takes time.So you can approach him for mutual divorce which takes six months time.

4.if he does not return your stridhan or provide monthly maintenance then you can file case under PWDV Act or u/s 406 IPC.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) husband assaulting wife amounts to cruelty

3) husband refusingf to permit wife to meet her relatives amounts to mental cruelty

4) husband forcing wife to leave her matrimonial home amounts to mental cruelty

5) seek maintenance for your self and child

6) also seek custody of child

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

file police complaint against your husband under section 406, 498A and seek return of your streedhan , money given by your parents .

2) rely upon whats app messages and other sms received by you

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

you cna also file DV case against husband

2) seek compensation for mental torture undergone by you , maintenance, custody of child and alternative accommodation

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1) contact a local alwyer and file DV case / divorce petition

2) seek alimony from husband

3) interim maintenance for your self and the child

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Dear Concerned,

You have to be extremely careful in your steps at this stage - do not leave your matrimonial house.

You can file divorce on ground of cruelty but first you need to be sure on your maintenance and expenses for child.

We suggest you to contact us for a free consulting on your subject.

Best of Luck ..Stay Blessed.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

The first tym ieft his home he promised me that he will not abuse me and beat me also will not not say anything ill about my parents but when I returned back he asked me not to go to my brothers place. Again he became abusive and asking me to leave his house otherwise he will throw me out

If the tortures are intolerable then you may plan to file a petition seeking dissolution of your marriage by a decree of divorce through a court of law on the grounds of mental cruelty and also can plead that he tortures you since he is having extra marital affairs with another female and hence he has driven you to take this decision for seeking divorce.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

i demanded divorce and the money which my father gave to his family no but he doesn't want to pay. Infact he is saying that he will pay me double if i let my son to go with him. Please help I only want my money and custody of my child. I hv his msgs and his girlfriend msgs as record. He is also alcoholic i hv his recordings. I am very much helpless at this moment please help. The only proof that i hv is his msgs text and Watsapp

Please be aware that the whatsapp messages or sms or any kind of other evidences may not be admissible in law .

However nothing prevents you from pleading cruelty as a ground for divorce based on the event to be described in the petition.

You may even file a petition seeking maintenance.

For recovery of dowry amount you may have to give a complaint for dowry harassment with the police.

Do not give the custody of child if the child is in your possession.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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