Hello Its been 5 yrs i'm married. Because of my father's death, i was pressurized to marry my husband. Although i tried a lot to prevent this. But failed.soon after marriage, I realized we are not at all compatible.soon small conflicts srtrd to happen between us. i work as a freelance writer and my husbn is a web developer. One day i received a freelnce work opportunity on email from an indian based woman astrologer. At first, she wanted me to wrk on her website but slowly our interaction shifted from profesdionl to personl. As she was an astrologer, i once asked her about my career. Afyer knowing about me, she started convincing me about my marriage. She threatened and tried to manipulate me to accept my husband or else i wd suffer in my career and even my mother would die (she told all this through my astro readings). I told her many times not to pressurize me but after every 2-3 days she did the same. All this continued for 2 years when finally my husband revealed that the astrology was him and not any lady. He did this to change my mind. Also, during these two years, I faced some black magic type happenings like my clothes were torn, all my belongings were misplaced or lost, my pictures with my frds were burnt... i was so much threatened and dipressed for a month. For all this also my husband accepted that he did this to threaten me and keep me away from my frds so that I could get close to him. Also, i found a doll in his room made of mud pricked in by olpinns. When i cnfrnted my husband if he was practicing some kind of witchcraft, he said that he created the doll to kill his anger by pricking the olpins on the doll. He did all this to manipulate me. I dont trust him anymore and afraid of him badly now. Bt he is refusing to give divorce. Can you plz hlp me on what basis could i file the divorce petition? And whether all these misdeeds of my husband sufficient to help me get divorce easily?? What all proofs i'd need to prove these.
1) you can file for divorce on grounds of mental cruelty
2)husband doing back magic on wife amounts to mental cruelty
3)burning pictures, tearing your clothes amount to mental cruelty
4) take photographs of doll used by husband pin pricked with needles
5) also photographs of torn pictures
6) your emails correspondence with astrologer intimidating you to accept your husband failing which your mother would die , his confession would help you in making out case for mental cruelty
1.The mutual divorce is most convenient to do dissolve the marriage but for this consent of both parties is required.
2. So in that event filing of contested divorce remains only option.
3.In your case you can file suit for divorce on the ground of mental cruelty and the incidents you have mentioned are good instances of mental cruelty.
1. The conduct of your spouse amounts to mental cruelty which is a ground for dissolution of marriage under Hindu Marriage Act. If he is not agreeable to mutual consent divorce then you may unilaterally file a petition for divorce in the court. You will have to prove your allegations through ocular evidence. It is never 'easy' to get divorce in contested proceedings.
2. You may also file a DV case to seek compensation for all the domestic violence you have suffered at his hands.
From the very beginning you are not accept the relation that why you are so miserable think about the divorce. Live in reality and do positive things and may in mind fill with positive thoughts. A happy marriage is a harbour in the tempest of life an unhappy marriage a tempest in the harbour of life, more and more people are realising the reality of their relationships, and accepting divorce as the rational choice to a better life necessary premised on better relationships.
The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
Major Grounds for Divorce
1.Adultery
2.Deserting the spouse for two or more years
3.Physical or mental cruelty
4.Conversion to another religion in case of religious marriage
5.Incurable disease such as leprosy, venereal disease in a communicable form
6.Insanity, unsound mind or mental disorder
7.Renounced the world by entering any religious order in case of religious marriage
8.Unheard of as being living for a period of seven years or more
Incompatibility between the couple and/or irretrievable breakdown of marriage is not yet a valid ground for filing a Contested Divorce as per the Hindu Marriage Act in India.If a person wishes to divorce his/her spouse, his/her case needs to falls under one of these grounds, or else the case would most likely be dismissed by the Court on the very first hearing itself
- you may seek Divorce on the ground of cruelty.
- adduce as evidence, the admission of your husband wherein he admitted that he was the one who was speaking you disguised as the the astrologer.
- all communications, recordings, both audio and video which suggests he has been practicing witch craft on you.
Hii, you can file divorce on the grounds of cruelty and mental harrrasment .. The facts mentioned by you above are a matter of record which will be considerd by court in deciding of divorce petition..
Thanks for the anwers. Also I wanted to tell that we both are living separately since may 2016. Can this help in proving the marriage 'null'.? Also, what if my husband refuses to agree to contested dvrc before judge?
You have to prove allegations made in divorce petition of mental cruelty if you want divorce on grounds of mental cruelty
2) mere living separately does not prove marriage null and void
No amount is period of separation is enough to declare marriage null and void on this ground alone.
you can take a ground of desertion ... If he refuses to agree , you have to contest and fight the case on merits
Mere desertion for one year is not a ground for getting Divorce. Continued separation without intention to willfully neglect is also not desertion.To constitute a ground for judicial separation or divorce, desertion must be for the entire statutory period of two years
Mo doubt you dont have sufficient grounds for seeking divorce from him.
You can depend on the grounds of cruelty alone.
All his activities to defraud you can be quoted as fradulent acts agaisnt yo which caused you terrible mental agony and the continuous tortures forced you to leave his company for ever by dissolving the marriage by a decree of divorce.
Consult a local lawyer and proceed as per his further advise
Also I wanted to tell that we both are living separately since may 2016. Can this help in proving the marriage 'null'.? Also, what if my husband refuses to agree to contested dvrc before judge?
This is a very good ground to plead cruelty and separation.
You can file a contested divorce and dont bother about his protest or objections, you can prosecute properly on the basis of your pleadings and substantial evidences and merits in your side.
1. Living apart is not a ground for divorce, not nullity.
2. A trial will be held if your husband refuses to agree to mutual consent divorce,
No marriage can not be proved null on this ground of separation> however this will be helpful in case you file a divorce.
Regards
