• Divorce

I am married since 27/02/2015 . My husband and his family mentally tortured me demanding money and tries to dominate me every way they can. They interfere in all my chores snd made my life hell. So i left his home on 09/01/2016 and now living eith my parents. It had been 13 months we havenot contact. Now can i filr for divorce? Can it be a mutual divorce? I am working in State Bank of India. Can i ask for compensation for all money i spent for them and all expenses in marriage
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Since one year has passed form the date of marriage you can file suit for divorce.

The filing of divorce is not a right but dependent of proving of allegations which includes mental and physical cruelty.

Since you were tortured it is good ground for divorce and if you can prove the allegations you will ge the divorce as well.

Alternatively you can file case u/s 498A , 323 ipc.

For maintenance file case under PWDV Act also.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

Hello,

1) Yes, you can file for divorce on grounds of cruelty if you want to go ahead unilaterally. Mutual consent divorce is possible if he is agreeable to your terms and conditions.

2) You can demand him to return all stridhan and the expenses incurred during marriage.

3) In case he does not agree for a mutually consented divorce you must go ahead and unilaterally file for divorce and even at a later stage it can be converted to a Mutually consented divorce.

4) Engage a local lawyer to assist you with the process in the court.

S J Mathew
Advocate, Mumbai
3561 Answers
175 Consultations

5.0 on 5.0

1) file 498A case against husband and his family for dowry hrassment

2) you can also file for divorce on grounds of mental cruelty

3)you can also file DV case seek retrun of your streedhan , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. To put pressure on them, you should lodge a police complaint u/s498A of IPC to the police station having jurisdiction on the locality where your husband stays.

2. You can send the complaint letter also by speed post under copy to the local D.C./S.P. requesting the police to treat the letter as FIR. You should preserve the postal receipt and collect track record of the postal delivery from the website of Indian Postal Department. In the said complaint also add that they have not allowed you to take back your Streedhan.

3.For filing mutual consent divorce, both of you shall have to mutually agree jointly file the said MCD petition.

4. Negotiate with your husband for jointly filing the said MCD petition after taking compensation from him if he agrees.

5. Meantime you can file a maintenance petition for your child.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) if you file for divorce you have to prove allegations made in divorce petition

2) contested divorce case take around 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. If your husband refuses to sign the MCD petition, you can file a Divorce suit against him on the ground of cruelty submitting the evidence you already have in support of your allegation against your husband.

2. In the said circumstances, it will be a contested divorce case which might run for 2/3 years.

3. Where do you think that your husband might put false allegation against you? If he submits before the Court trying your divorce suit that it is all your fault only, then he shall have to prove that with evidence. Moreover, in the said case he is has no scope to make allegation against you but shall have to counter your allegation put against him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Now can i filr for divorce? Can it be a mutual divorce? I am working in State Bank of India. Can i ask for compensation for all money i spent for them and all expenses in marriage

If you have decided to end this married life, you can very well file a divorce petition against him seeking to dissolve the marriage by a decree of divorce on the grounds of cruelty and desertion. You can seek your streedhan properties but may not be able to claim compensations since you are employed and drawing a handsome salary.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

What if my husband denies to give me divorce and put false allegations on me and try to blame me for everything?

Let him challenge your divorce petition, you may put forth strong resistance and also argue that you are still willing to live with him but it is for the compelling situations that you had to approach for the relief of divorce an may indicate that you are ready for compromise if any.

You must be in constant and regular touch with your lawyer for getting regular updates.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

1. Mutual Divorce is possible only if there is a positive agreement between the spouses to end the marriage. If there is no such agreement then you can file for contested dissolution of marriage on the ground of cruelty which he can contest.

2. You can also claim maintenance and compensation for the domestic violence that you suffered at his hands.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

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