• How to file a divorce

I am a 32 year old woman got married in the year 2008 and I have two kids,I am quite frustrated with my marriage as I have to go through mental torture aswell as emotional setback because the man I am married to as a complete drunk and he hardly ever gives time to his family , the mental tension and the verbal abuse is far worse as he crosses every limit when he gets into a fight with me and that also is not a good impression in the kids as they are too young to see all this happening. I want to file for a divorce but I really don't know how to do that and what steps should I take before filing for a divorce because I am thinking of moving to my parents house and I don't know that do I need to file a complain before leaving or I can send the notice later on when I reach my Preants houseMy both the sons are aged 9 and 4 so therefore what would it take for me to take their Guardianship.
Asked 6 years ago in Family Law
Religion: Hindu

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10 Answers

No need to send any notice to your husband before leaving him.

Once you reach your parents place, propose the idea of mutual divorce before your husband. Incase he's not ready for mutual divorce, file a case of contested divorce against him on the ground of mental cruelty. You have sufficient ground to obtain divorce from him. You also have the option of preferring a complaint under domestic violence act against him.

Vibhanshu Srivastava
Advocate, Lucknow
9632 Answers
303 Consultations

5.0 on 5.0

1) you can file for divorce on grounds of mental cruelty

2) divorce petition can be filed within jurisdiction of court wherein marriage was solemnised or where you resided with husband after marriage or where you reside

3) you can file for divorce from city wherein your parents are residing if you return to your parents home

4) seek custody of children

5) interim maintenance and alimony from husband

Ajay Sethi
Advocate, Mumbai
95223 Answers
7612 Consultations

5.0 on 5.0


You may file a divorce on the ground of cruelty as per section 13 of the Hindu Marriage Act.

You can file the same either at the place where you two last resided together or at the place where the husband residing (after you move to your paternal home).

Note that you may take the children with your self and keep the custody, if the husband does not file a suit to take custody thereafter then the custody remain with you and after some time you may file a suit to tale sole guardianship of the children, in that case notice will be issued to your husband.


Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Divorce is not required unless you intend to remarry.

Relocate to your parents home and in case if he is employed, file a criminal maintenance case against him to get monthly maintenance.

The childrens shall continue to remain under your custody unless he files a petition claiming guardianship rights and the court awards in favour of him.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0


First thing you should do is file suit for domestic violence as soon as possible against your husband. This you can file from both the places (where you are residing at present and/or your parent's place). You will need documentary evidence to prove your case, so collect as much evidence as possible before filing the case.If there's any physical violence, get a medical prescription from a Government hospital. You will need to prove his drinking habit and violent nature. This case, if proved, will also get you custody of your kids (specially the elder one). If you want, you can ask for maintenance for yourself as well as kids.

Simultaneously, you can file a divorce case too from any of the places mentioned above. Divorce suit can be filed for "cruelty", and custody of children can be included in the prayer clause along with the legal cost of the suit. Contact a good local lawyer.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

Hi, First you have to shift your residence to your parents place then after you can file a petition for divorce on the ground of Cruelty.

2. If you able to prove the allegations then you will get the divorce. You can also seek for maintenance to you and your children.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

Dear Client,

U can complain anytime with your comfort, hire some local lawyer, on the ground of cruelty, and other, divorce will be filed in local court.

Can contact for detail procedure.

Yogendra Singh Rajawat
Advocate, Jaipur
22714 Answers
31 Consultations

4.4 on 5.0

You will need to file the divorce petition on the grounds 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 petition for maintenance of you and your children.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

She if there is abuse physical verbal then you can file a domestic violence and 498a criminal case with Mahila police station on your husband,

You donot need to send any notice just leave house go to maternal home and you can file a divorce and case there also.

Firstly ask you husband if he agrees for mutual divorce and agree to give you custody of children and maintenance.

Secondly if he doesnot agree file a police complaint upon husband for cruelty and along with that file a divorce petition in the family court. Also file an application for maintenance for you and your kids in the court.

Also you can make an application for custody of children under same divorce petition the court shall grant you custody as for son age 4 child below 5 are generally with mother and same way you can claim for second son as husband is abusive and bad effect on children.

Since in the custody the welfare of child is utmost priority so you shall get the custody.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you feel that you cannot tolerate this married life anymore due to harsh and irresponsible and violent behavior of your spouse, you can very well decide to quit the married life anytime.

You may shift to your maternal home if you decide to avoid embarrassing situation by staying in the same house and applying for divorce.

Generally you do not have to inform or cite any reason for leaving yor matrimonial ho9,me, but you can inform him after reaching your mother's home.

Let the children remain with you, he can file a child custody case if he wants to have the custody of the children with him, you can fight his child custody case properly.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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