• Divorce

Ny husband drinks alcohol
He beats me
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

File complaint against your husband before magistrate under provisions of DV act 

 

2) seek alternative accommodation, protection order , maintenance , compensation for mental torture undergone by you 

 

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

 

4) seek interim maintenance and alimony from husband 

 

5) also file police complaint against husband if he assaults you 

Ajay Sethi
Advocate, Mumbai
99900 Answers
8153 Consultations

File domestic violence, 498a and 125 crpc, to obtain maintenance, when ever he will beat you, click pictures and go to government hospital for medical check up

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

You can file a case of domestic violence and 498a with the mahila police station against husband and further you can seek divorce under section 13 hindu marriage act on ground of cruelty.

Further you can seek maintenance from husband under DV act and hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear madam,

Yes, you have the legal right to file for divorce if your spouse has been behaving cruelly. There is no strict legal definition and there are no strict guidelines on what amounts to cruelty - the courts will decide if the behavior of your spouse does in fact amount to cruelty. It will depend on facts and how the courts interpret cultural norms. Please read about some of the decided cases below to get an idea of what would be considered cruelty by the courts:

. PROCEDURE FOR CONTESTED DIVORCE-
 a. Consult a divorce lawyer and explain all the facts to him. 
 b. He must prepare a plaint with all relevant facts and circumstances narrated by you with all the proof of marriage.
 c. Petitioner must sign the petition with affidavits, vakalatnamas in the presence of notary.
 d. Once the court is satisfied with the petition a notice will be sent by the court. 
 e. Mediatator will be appointed and if an application for maintenance is filed then that application will be considered first.
 f. After producing the evidence by both parties court may give an another date for its verdict.
 g. If the party is not satisfied with the order by the court, then that party can file for appeal within 3 months of the order given.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can file domestic voilence Complaint against him. You can also file Divorce

Prashant Nayak
Advocate, Mumbai
34609 Answers
249 Consultations

Dear client, 

Call the police next time he raises hand on you. Further it is valid ground for divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

I would suggest you should file DV CASE. 
Nevertheless you should do it now and should also claim for maintenance.
Further should proceed with the filing of divorce case and should get rid of him. 

Mohammed Mujeeb
Advocate, Hyderabad
19352 Answers
32 Consultations

make complaint to police (Women Cell), apply for Divorce on grounds of Cruelty,

 

provide more detail so that proper action can be advised. 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Hi,

You have not given the complete facts of the case. However, it is suggested that you may file the complaint with the mahila thana of your area and also to the women commission. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Both psychical tortures and mental tortures are good ground for divorce.

So first try to make him a  understand him to quit his drinking habits and if he does then your marriage is saved.

if not then first ask for mutual divorce and of he again refuses then file a contested suit for divorce and criminal case u/s 498A IPC along with case for maintenance under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

If you don't wish to live with your husband who is alcoholic and is cruel to you then you can go for a divorce petition and the ground of cruelty you have to file a divorce petition for that purpose I need to be separate from your husband in case you think to go at you may speak to me and discuss your problem in detail to get proper advice and way out you have not informed your status your family status and the financial background of your husband any advice can be given only after considering all the relevant aspects in this regard.

I am based in Gomti Nagar Lucknow and if necessary and can help you out.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Get a complaint registered against him before the police and CAW cell, and get a MLC Done, if incase  he beats you again.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

You may decide whether to continue this married life or to tolerate the tortures and wait for him to change himself in the future.

T Kalaiselvan
Advocate, Vellore
90102 Answers
2503 Consultations

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