• Abusive husband and mother in law

Hi All,

I recently got married on 6th June 2016, in the court (against my and my husband's family). We dated 2.5 years before we took a decision as there were many conflicts between the families. Cutting the long story short, he did tell me that he is having some business setbacks, so for initial 6 months i have to support him financially as we are both independent (to which i agreed). The man i thought I married was my well wisher and my protector, but as soon as we got married, he was a different human being. 

i was paying the rent, bills, my car and his car's emi's, grocery, going out, phone bills (basically everything). One night we both went out and we both had few drinks, but he was a bit over the limit, he dropped me home and asked me to go upstairs whilst he would park his car (please note: my phone battery was dead, and the charger was in the car in my handbag, which he knew and will get it with him on his way back home).  We lived on third floor. After i came back home i waited for him for 15 minutes but he didnt turn up. I then called him from my landline (the ringer doesnt work on the handset), which he replied that he met a friend downstairs and is coming shortly. So i lied down in bed and i dont know when did i fall asleep to wake up to hear shouting and howling outside the door. I quickly ran to open to see he called up my mother (widow) that your daughter is sleeping with a man and not opening the door for past one hour, the landlord was there and so was the maid who lives next door. 

he came inside once they left and he bashed me so badly by throwing phone on my face for which i had a swollen black eye, he kicked me several times by throwing my on the floor, he then dragged me from my hair from one room to another accusing me of sleeping with someone. 

my mother rang the police meanwhile and he left straightaway. So he later bribed the cops which he told me later not to arrest him. Also the SHO gave him a warning, as me and my mother thought we wont press any charges till i get back to normal. I had 6 bruises on my body including my black eye. I was traumatized. He apologised to everyone and admitted to his mistake in the police station and also gave in writing that he has lifted hand on me, and will never do it again, and if done again, a serious action should be taken against him.

so thereafter i came back to my mothers home and called up his mother (who was not in talking terms with me), but I had to tell her what her son did to me. Anyways, he apologised million times to my mum and me and swore that he would never do it again. I thought to give it few days till I make my final decision. So within 10 days I told him that I cant be in this marriage as I am horrified and he cant beat me up so much if he loved me truly. 

Thereafter he went home and told everything to his mother, who came to speak to my mother with him and abused my mother so much and made her so much against me. I was at work when him and his mother came at my mums house and humiliated, harassed and abused my mother beyond imagination. 

She then called my mother the following day that she is with a lawyer and the divorce cannot be filed till the marriage completes one year and then she started abusing my mother again. Is there any possible thing legally that can be done to get an early or out of court divorce, as I am 34 and I as it is married so late, I ll waste another one year through court procedure. Please advise as I feel helpless. Many Thanks for reading my story.
Asked 7 years ago in Family Law
Religion: Sikh

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4 Answers

1. There is no easy and fast way to get divorce unless both the husband and wife agrees in which case mutual divorce can be filed which takes six months of time.

2.Even in that case also you have to wait till one year passes from date of marriage.

3. However you can file contested divorce suit even before expiry of one year from the date of marriage provided you explain the urgency in filing the suit beofre one year.

4/So either settle with her amicably or file contested divorce suit even now with an additional petition stating the urgency of the suit before one year. It is permissible.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) only in exceptional circumstances can you file for divorce before expiry of one year

2)you can afile for divorce by mutual consent after staying separte for period of one year

3) divorce by mutual consent takes 6 months

4) if your husband has assualted you phsyically file 498A case against him for continuous acts of cruelty before local police station

5) you can also file DV case against husband and seek protection order , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. The entire matter has been caused due to excessive drinking by both the husband and wife which has crossed all proportions.

2.However, if you have decided to terminate the matrimonial relationship with him, you have no alternative other than waiting for completion of one year of your marriage for jointly filing a mutual consent divorce petition which will be decided within 6 & 1/2 months of its date of filing.

3. Before taking the said drastic step you should keep in mind that divorce is the 2nd most stressful event in one's life.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Unfortunately you may have to wait for one year fro the date of marriage to initiate divorce proceedings agaisnt him even if it is mutual consent divorce.

You have no exemption to this law neither you can file a petition to annul your marriage for which there is no valid reason.

Wait for another six months to terminate this relationship.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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