• Divorce after 18 years

My husband and me are together for last 18 years and have 2 sons of 16 and 13 years. He has a habit of gambling, taking loans from goons and his friend circle is also like this. I have been paying his debts from last 10 years and his father and brother are also paying it off as he is a part of family business too. He is not ready to improve himself and due to this my kids also have started behaving in casual and expensive manner. To all of them I have become a machine of earning and spending money on them. I work as a teacher and my pay is almost ok to bear expense of myself and 1 child. I want a suggestion whether I should file a divorce and what are the laws which can favor me or him? I do not feel like continuing my life with him because he abuses me physically and mentally in spite of supporting him financially and emotionally from last 18 years. My in laws are very nice and good but he is making my life hell. I have witnessed stress and right now on medications for the same. Please suggest
Asked 5 years ago in Family Law
Religion: Hindu

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18 Answers

Hello,

You can file a case of divorce on the ground of cruelty.

You can leave his custody if you are being subjected to mental harassment and may then file a suit for decree of divorce.

You are having a strong case to get the divorce, the same will be filed under section 13 of the Hindu Marriage Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Hello mam , for obtaining divorce either you can file a contested petition on grounds of mental and physical cruelty .. If he is also willing to give divorce then both of you can file a mutual divorce petition ..alongwith it you can also ask for alimony for your child and custody of the children of you are willing to obtain the same ..

Hemant Chaudhary
Advocate, Gurgaon
4625 Answers
67 Consultations

4.9 on 5.0

Approach the Family Court and file a divorce petition against your husband.

You have a good case on merits, and it will not be tough for you to contest a divorce against your husband.

For the verbal and physical abuse that he is subjecting you to, file a 498a case against him; together with a complaint under the Domestic Violence case.

Vibhanshu Srivastava
Advocate, New Delhi
9441 Answers
251 Consultations

5.0 on 5.0

Hello,

A divorce cas can be filed on ground of cruelty and harrasment in the family court under section 13 hindu marriage act.

Secondly if he agrees for mutual divorce.than that will be a quicker way to get divorce you can ask alimony and maintenance for you and your sons.

Also if in case he doesnot agree then proceed under section 13 as mentioned above.

You have right of maintenance.

Also you can claim custody of both your sons stating your husbands habits and actions and can ask for their maintenance from him.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) To quit this type of family marriage life won't be good at this level, as you have struggled and spent so much on your family. Few are suggestions see that helps you otherwise divorce is there, that I will explain last.

a) As you mentioned there are two sons, 16 & 13 respectively, so wait all things will be good and all will be in your hands. Complete their education till graduation.

b) First from today onwards start savings 60 to 70% salary and than spend remaining amount. Cut unnecessary expenses, only genuine expenses for family need that also for you and children. Don't disclose your income at all.

c) Try to explain by way in love and affection to your husband the importance of life and how it should be lived without fear of money lenders and creditors etc. Get done his counselling from well known counselor.

d) Still you want to go for divorce than go with Mutual Consent Divorce it's a fast process as compared to Judicial Separation. In Mutual Consent Divorce has 6 months cooling period and can extend till 18 months

Ganesh Kadam
Advocate, Pune
12418 Answers
192 Consultations

4.9 on 5.0

1) file for divorce on grounds of mental cruelty

2) husband abusing wife physically amounts to mental cruelty

3) husband addicted to gambling and refusing to maintain family amounts to mental cruelty

4) seek custody of your 2 children

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

Respected mam ...

You have a right to get divorce at any stage of life weather it is 18 years or more ...No one can infringe your right ...Mam ...If you want to take divorce you have to file a petition under section 13-A of HMA seeking divorce decree from court...There are number of grounds on which you can take divorce from him ...And court will easily grant you divorce...Mam but I would like to ask you one thing is it not your duty to take proper care of your child and to keep them on proper track ...Mam you will take divorce but plz take care of your child and keep them with you ...

Me too from Haryana Rohtak for any queries related this you can call me any time..

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

If the parties are married as per Hindu Marriage Law, then the aggrieved party is entitled to file a petition under S.13(1)(i-a) on the grounds of cruelty and pray the court to dissolve the marriage by a decree of divorce. However, make sure that you decide about the custody of the childrens as they are minors. Hope you don' t expect alimony as you are paying him till date!

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You may go ahead of the divorce at least to give him a lesson for his bad habits and behaviour.

I hope his family will support your decision along with your children.

Best of luck!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You can file divorce in family court. You can also file application for maintenance under section 125 crpc as well as provisions of Domestic voilence Act. You can also file case under section 498A if there is any harrassment for dowry.

Prashant Nayak
Advocate, Mumbai
28054 Answers
93 Consultations

4.4 on 5.0

Please file a case under sec 13(1)(a) of Hindu marriage act seeking divorce on ground of cruelty. To make him responsible seek maintenance from him under section 125 crpc so that he may change his ways. Better to get divorce. If your in-laws support you ask them to give evidence in your favour.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You need to file the divorce petition on the basis of mental and physical cruelty against him in the court of law with the help of any local good advocate. Alongwith you can also file the maintenance petition in which court can order to him to provide a monthly maintenance.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

1) You can file for divorce on grounds of cruelty. Now that the children are in their teens their custody will be decided on merits and their desire to be with either of the parents.

2) The responsibility of the children, to maintain and educate hem until they become major is equal upon both the spouses and therefore if you seek custody of both the children and the court so grants custody your husband will be liable to contribute 50% of the expenses.

3) If you have made up your mind about having to file for divorce, you must take the step by engaging a lawyer. Once you have filed for divorce there will be a further opportunity initiated by the court for a possible settlement where unbiased you can express your opinion and possibly arrive at a settlement by consensus and a divorce by mutual consent.

S J Mathew
Advocate, Mumbai
3408 Answers
175 Consultations

5.0 on 5.0

Hi

Yes you can file for the divorce under 13(1)HMA on the basis of cruelty and harrassment.

Mention all his bad habits in the petition.

Don't worry you will get all the justice you deserve.

Thank you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Decree of divorce can be sough on grounds acceptable by our law.

2. One such ground based on which decree of divorce can be sought is cruelty about which you have ample evidence against your husband since neglecting the family financially is also considered as an act of cruelty in addition to his mental and physical torture meted on you.

3. However, collect all irrefutable evidence of his acting cruelly on you by audio/video recording the incidences.

4. Thereafter file a divorce petition against him on the gropund of cruelty seeking custody for your children and also maintenance for your children.

5. The case might run for 2 to 4 years depending on how does he contest the case filed against him.

6. Meantime you can negotiate with him to jopintly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

7. You can also file a DV case against him if you so wish to harass him legally.

Krishna Kishore Ganguly
Advocate, Kolkata
26791 Answers
726 Consultations

5.0 on 5.0

Dear Querist

based on cruelty you may file a divorce petition before the family Court at Faridabad against him under section 13(1)(ia) of Hindu Marriage Act-1955 and also claim maintenance from him for your children and he is liable to be pay maintenance for them.

you may also file a domestic violence case against him and claim protection, residence order, child custody and compensation as per section 18,19,21 & 22 of the Protection of Women from domestic violence Act-2005 by the Magistrate Court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hello,

You may file a case against your husband on cruelty ground for divorce and you agreed that you are having sufficient earnings to manage yourself and kid. When you have male child they can get maintenance until they attain major.

It will be simple that if you are Hindu you may file divorce under section 13 (I) a) of Hindu marriage act. If you are Christian then you may apply divorce on The Indian Divorce Act on cruelty ground. And, it has to be applied at either family court or sub court.

Sivasubramanian B
Advocate, Chennai
47 Answers
3 Consultations

4.8 on 5.0

The divorce is not a proper and advisable solution at this stage of your marriage, because you have responsibilities towards your kids and also your in laws are okay with you.

Under this situation, you can stay away from him and if need be you can file a petition seeking judicial separation and upon getting a favorable decision, you can wait for him to make amends and rejoin you later or if the situation do not improve then you can decide about filing divorce ion the same grounds.

If you are really serious about quitting this married life with him, yo can file a petition seeking dissolution of your marriage by a decree of divorce through a court of law on the grounds mental cruelties and can cite his die hard habits and other tortures as reasons contributing to the mental cruelties.

T Kalaiselvan
Advocate, Vellore
79182 Answers
1611 Consultations

5.0 on 5.0

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