• Need divorce - husband beats me

Sir I have been married for four years. During this period my husband has been beating me, and harassing me. He has perverse thoughts too. He asks me to arrange my mom or my friends to keep with him. Recently he slept with a woman. After facing all this I can't take it any more . I want to take divorce from him. Now he is saying he doesn't want to give divorce and wants to prolong the process. I am 30 years now. I don't have children. He is saying he will prolong so that I can't have any life of my own and once it is delayed and my life will be ruined he will then think of divorce. I have proofs of my treatment for broken finger once and his and other woman's chat messages. With this can the divorce process be hastened. Kindly help me..
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Muslim
1) file DV case against your husband . you can see  protection order against your husband 

2) also seek maintenance and other reliefs against your husband 

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

4) in the vent you had lodge police complaint against your husband for physical another women you can file case of adultery against him .  assault and undergone medical treatment of the injuries sustained will help you in your case . 

5) if you have evidence of your husband having sex with another lady file case of adultery against him .

6) your husband can contest divorce proceedings . contested divorce proceedings take around 5 years to be disposed of
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. First of all teach him a very good lesson,

2. Collect evidence, by audio/video recording, about all his said misdeeds/torture and perverse proposals,

3. Lodge a police complaint u/s498A of IPC. If you can collect the evidence of his torture properly, he is likely to be arrested,

4. At this juncture he will agree for mutual consent divorce,

5. If he still does not agree for MCD. file a divorce petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
1) you can give POA to some relative in india . you need not ttaned court on each date . 

2) when your evidence is being recorded and during cross examination your presence would be required . 

3) if you have job offers take the offer . 

4) you will have to move HC for expediting hearing of your case . merely because you have to work abroad is no ground for early hearing
Ajay Sethi
Advocate, Mumbai
23315 Answers
1220 Consultations
5.0 on 5.0
1. Court will not treat you specially to hasten up hearing of the case,

2. You can give POA to some one in India to fight your case when you are not in India,

3. You shall have to be present before the Court while giving evidence in the matter.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
233 Consultations
5.0 on 5.0
You can file a Divorce suit under the Dissolution of Muslim Marriages Act 1939 in District judges Court, which lays down several  grounds on the basis of which you may get a divorce decree passed by the order of the court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Hi, file a petition for divorce on the ground of cruelty and also file a petition under domestic violence act for protection order and for maintenance and for speedy disposal of the petition fill an application and request the court to take up the matter on date to day and if you are able to prove before the court that your husband has living adultery it is a good ground for divorce.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. You should teach your husband a good lesson.

2. You may immediately file for divorce on the ground of cruelty (physical and mental) and adultery. The proof of treatment of your broken finger and the chat messages between your husband and his paramour can be used by you against him in the court.

3. Do not be cowed down by the threats of your husband to prolong the process. He cannot hold the judicial process to ransom. When you file for divorce he will be issued a notice by the court to come and file his objections. If he does not do so he will eventually be proceeded against ex parte. 

4. You can also file a criminal case against your husband for assault, unlawful restraint and for asking you to make your mother available to his friends. After investigation he can be arrested and put behind bars. 

5. You may also file a case for domestic violence against him to claim maintenance and compensation for the abuse suffered by you. In addition thereto, you may also file a case for return of your streedhan.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. There is no bar to you going abroad. You do not have to appear in the court on every hearing. The presence of your lawyer shall suffice. So you do not have to forego the job offers which are coming your way. 

2. Your lawyer can do all that is possible to hasten the process.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
The Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek divorce through court on the ground of,
1.	Whereabouts of the husband are unknowns for 4 years, 
2.	Failure of husband to provide for the maintenance of the wife for 2 years, 
3.	Sentence of imprisonment of the husband for 7 years, 
4.	Failure to perform martial obligations without reasonable cause , his marital obligations for a period of three years, impotency of the husband at the time of the marriage and continues to be so;, or
5.	Insanity of the husband for a period of two years or is suffering from leprosy or a virulent venereal disease; 
6.	Repudiation of marriage by the wife before attaining the of 18 years cruelty of the husband and any other ground relevant at that point of time.

In your case cruelty, adultery, mental harassment,

Solutions
1.	File a Divorce suit under the Dissolution of Muslim Marriages Act 1939. 
2.	File a petition under Domestic Violence act in a magistrate court for interim protection from husband. 

There is no bar to going abroad. But better thing is to stay here and fight the case with believing the strength of law. No one can prolog a case as soon as possible. Court will not treat you specially to hasten up hearing of the case unless you file a petition before high court with reasonable ground.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi
File a divorce as early as possible. Talk to an advocate and decide to file it on  the ground of cruelty or coupled with adultery as you will have to provide proof to support your case.
It seems your husband is a pervert, you should also make a police complaint of physical assault.This NC will help you in the case .
You can get exemption from appearance and after instituting the petition you can persue your job abroad and can come whenever your presence is necessary as it will take few years to start evidence.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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