• Divorce in 2 months due to mental torture and physical abuse

I married my husband on Dec 30th 2018. The marriage was done in a chat magni pat fashion. Before marriage, I shared him of having a past relation which was long distant as I wanted to start our married life on truth and trust. He nodded and behaved okay and said yes to the marriage. Post that day he used to ask humiliating questions and hurt me which he said that once I get married to him he ll be happy and won't torture. Believing in his words I got married to him. But after somedays he showed his true colours and started tormenting with the same old questions and humiliating in front of his parents. Later he without my family's permission searched pictures on my family laptop and torched again as he saw some picture which according to him should not be there. He assumed of me sending to my ex or any other boy. He hit badly in front of his entire family and abused me and my family in a bad way. He then used to hit me whenever used to raise my voice when he used to say humiliating things. Whenever my parents used to come to take me home knowing that he torches me unknown of the fact that he used to hit me also..he suddenly used to became best person ever and behaved lovingly with me. I started loving him since he was my husband and could not understand his cleverness. He was a sex maniac and wanted even if I wasn't well. And torched mentally and physically when I refused. Seeing is mental behaviour I decided to come back to my home and divorce him. Please let me know what to do. I want to get rid of him as soon as possible. He treated me like a sex slave and never respected me as a wife. Help me
Asked 5 years ago in Family Law
Religion: Christian

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17 Answers

You can go for annulment of marriage instead of going for divorce.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can file DV case against your husband seek protection order , alternative accommodation, maintenance and compensation for mental torture undergone by you 

 

2) file for divorce on expiry of one year of marriage 

 

3) only in exceptional circumstances can you file divorce before expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1. This person doe snot seem to be mentally fit to discharge a normal marital obligations.

2. So ask him to behave himself and give him clear terms fulfillment on which only you can decide tor return to your matrimonial home.

3. Since staying in your parental home should not be your objective to live rest of your life you can ask for mutual divorce on payment of permanent alimony.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

To file a suit for nullity mandatory period of one year is not required.

In any event your case does not fit be applied for declaration of your marriage as null and void. 

 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

File a police complaint before mahila police station for beating and harrasment under Indian penal code and domestic violence act against husband and family.

Further after one year from marriage you can file divorce on ground of cruely against the husband.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can apply for a divorce only once your marriage is one year old. For now, move a domestic violence complaint against your husband, since he has abused you physically and emotionally. Consult a local lawyer and seek help in filing a complaint under DV Act. Seek maintenance from your husband if you're financially dependent on him.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Since ur marriage is just 4months old I will suggest u to go for a couple counselling. There larger possibilities of patch up. U can go for counselling from ur parent home itself for safty measures.
if it wont work then u have many legal remedies with u like compaint under domestic violence act or filing for divorce etc. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file contested Divorce in this case. For annulment you need to establish grounds of fraud played upon you by your husband

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

No case of anullment is made out 

anullment petition can be filed within period of one year of marriage 

 

file for divorce on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

file domestic violence case against your husband/inlaws

also claim maintenance from him

another option (best) is to file a complaint under section 498a,323, 406,506 against him/inlaws for causing beatings, sexual abuse, mental torture,etc to you

don't think for divorce at this stage,

first of all file above cases and wait and let him file divorce

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Divorce can only be foled after 1 year of the marriage. You may lodge a FIR against him for the physical torchre that he has inflicted upon you.

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

From the facts as told by you I do not see a case flr annulment. Though a case of annulment can be filed within 1 year of marriage also.

 

you may live separately and initiate divorce proceedings after a year of marriage. Till then you should initiate criminal proceedings against him.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear Client,

On the ground that the case is one of exceptional hardship to the petitioner, divorce can be while just after marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No doubt the situation may be intolerable and you may not be able to continue the marital life with him in the given situation.

However you should be aware that you cannot file a divorce case within one year from the date of marriage until and unless it is a very special and essential circumstance.

Thus you may have to wait for at least one year for filing the divorce case.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

There is no reason fr filing annulment petition becasue your cae will not fall under the category of annulment and this cannot be cited as a strong reason for annulment.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Dear Madam,

It is better to file Domestic Violence case against your husband in Family court. First you settle your financial condition after that go for divorce.  The domestic violence proforma prayer is as follows:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Annulment will not apply in your case as non-disclosure of his "suspicious" nature does not fall within the ambit of having fraud or misrepresentation committed upon you. You can however apply for Divorce on the ground of cruelty after one year i.e. post 30th December, 2019.  In the meanwhile, do create proofs by recording your conversations with him as otherwise proving his split personality in Court will be difficult.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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