• Divorce from unemployed husband

My marriage has now been 11 yrs and my husband is jobless for 10 years with two children.He is a lazy guy sits at house and enjoy all material things that i give from my job. He physically tortured me for 9 years and i was mute thinking that i will lose my family and finally 2years back i complained in local police station but he dramatically acted in front of police as good person and pleased the police and they didnt registered fir and told me think about the kids and go with your husband.
Now its been another two years i am the slave job of finding money for the family.i am the bread earner.He harrases me mentally and abuses me verbally that my mental condition is bad.I asked him.to divorce me but he is not willing.How can i live the whole life like a slave.He dont look after me anf children.I am taking care of everyone.I want to divorce him and marry a better person who look after me and kids.But he says it is your fate.I will never ever give you divorce.His spoiled all my money and gold and family posessions from my parents .And there is no support to us from his family side.Is it possible to get divorce from this lazy unemployed man who wants only my money and earnings to live.
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

You can file a complaint against him for cruelty in women cell of police station and persue the case further you can file a divorce case on grounds of cruelty under section 13 hindu marriage act. You have to contest the divorce and provide such proof of his cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) husband refusing to work maintain his wife and children amounts to mental cruelty

3) seek sole custody of your children

4) seek maintenance for children in divorce petition

Ajay Sethi
Advocate, Mumbai
94820 Answers
7557 Consultations

5.0 on 5.0

1. if he has mentally and physically tortured you then on the ground of cruelty you can file a suit for divorce.

2 Against his physical tortures you can file case under section 498A IPC as well.

3. Since the divorce suit if contested by him takes time it is advisable that you convince him to give mutual divorce.

4. Another option is to stay separate with the children leaving him along to fend for himself so he understands the importance of earning livelihood.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22840 Answers
490 Consultations

5.0 on 5.0

Even if husband is lazy but educated and sitting idle and unemployed he is bound to maintain his biological children. Instead of divorcing at inception file domestic violence and get hold of some of your money and then divorce him

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. There is no provision in our law to seek divorce from lazy unemployed husband or wife.

2. There are provisions in our law stipulating the grounds based on which the decree of divorce can be sought.

3. One such acceptable ground is cruelty.

4. So, without mentioning about his unemployment and/or laziness, you can file a divorce suit against him on the ground of his act of mental and physical cruelty on you.

5. Collect evidence of his such cruel acts and based on the same file the divorce suit against him on the ground of cruelty.

6. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

1) you can file case against him in the court on the ground of cruelty, first you have to live separately at least 6 months from him.

Ganesh Kadam
Advocate, Pune
12932 Answers
255 Consultations

4.9 on 5.0

Hello,

The facts as presented by you amounts to cruelty.

You may obtain divorce on the ground of cruelty by filing a petition before the court under section 13 of the Hindu Marriage Act.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Hello,

You should file for divorce in a family court. There are ample grounds for you to obtain a divorce from your husband. File also a complaint of domestic violence in the police station.

You should also explain to the court that you want to start a new life and therefore the process may be expedited.

Regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You will get divorce but for that you need to do many things so as to force him to take divorce. Again file a complaint in the concerned police station under 498a, 377. Then file a case for domestic violence in the concerned court of Mahila magistrate, then file a case for divorce too in the concerned family Court. You need to pressurise your husband with the rights available with you as a wife. You’ll be filing a income and expenditure affidavit along with the DV and divorce case, park your income properly so as to leave nill savings and you are curtailing things too to meet the day to day requirements of you and your family.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Firslty, Mam, I must appreciate the courage that you have showed to save your family.

Secondly, let the others talk rubbish as it’s your life so finally you have to decide as to what future you want to give to your children.

Thirdly, please file a divorce case on the ground of cruelity both mental as well as physical, and get the rid of the same.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Long unemployment, Lazy, physical/metal/verbal abuse, not maintaining family, so many valid ground for granting divorce.

Police wale are slackers, and avoid registering FIR by excuses,

Yogendra Singh Rajawat
Advocate, Jaipur
22661 Answers
31 Consultations

4.4 on 5.0

Yes it is possible for you to obtain a Divorce. Even if he is not willing to give you Divorce, you can file a contested matter in the Court for seeking Divorce and other reliefs. You can even seek the relief of Injunction to restrain him from harassing you and/or spoiling your life in the future. But before you take any such drastic step, i would advise you to do some groundwork. Next time he abuses you, hits you, go the Police Station and insist on lodging an NC.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

The continuous unemployment and sitting idle at home and giving all types of mental and physical tortures for years together is a strong ground for divorce on the grounds of creulty.

You can very well file a contested divorce on the sid grounds and also lodge criminal complaint yunder dowry harassment offence so that he feels pressure and will come down for an agreement and mutual consent divorce.

You can file a maintenance case seeking maintenance for your children.

You can file a domestic violence case also against him seeking protection, maintenance and compensation for all his violent activities against you.

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

I have come across many cases like this. I feel really bad when I read such incidents. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. Marriage doesn't guarantee that you will be together forever. It's only paper. It takes trust, respect, faith, understanding and friendship to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.

You have a right to live your life with peace and with happiness. Your husband has no right to torture you mentally and physically. Mental and physical torture can break you and damage you forever. Moreover as you know that mental abuse is much more painful than physical abuse because you are consumed by your own thoughts.

As there is bitterness in your relationship so divorce is the only solution. Legal options are always available for you. If you want you can file a police complaint against him in nearest police station in Kerala.

You have a right to take divorce from him if you are not happy with the relationship. You can file a divorce petition in the ground of mental and physical cruelty. You can claim child custody also.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

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