• I want to file a divorce. How should I apply for it?

I got engaged on June 2018 and got married on February 2019. But after a while my husband stopped taking care of me. He stopped taking care of household activities. He didn't paid house rent and left. He used to abuses me for talking to my friends and my past relationships which he was already aware of. We called me yesterday to meet me at his place, i thought we could solve our issues. Instead he beat me up and didn't allowed me to leave. In the morning I somehow got out of there. Now he is saying that if I don't stay with him then he will take me by force. What should I do now? I want to get divorced from him as soon as possible.
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Hello

immediately file a FIR against him for harassment and injury. 

You can only take divorce after 1 year of the marriage and not before. As of now you may file the FIR and take divorce later on the ground of cruelty. 

If you do not have finances to fulfill your daily needs then you may file a petition and claim monthly maintenance from him.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Firstly go and file FIR for beating and harassment agaisnt the husband in the mahila police station under India penal code, and protection of women from domestic violence act, than if you don't want to stay with your husband then file a case for divorce on ground of cruelty. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi,a divorce petition can be filed in the family court under Hindu marriage act on the grounds of mental and physical cruelty ..Also register a FIR under section 498A and 323 IPC

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1.Convince your husband to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If you are married in February 2019 you need to wait for a period of one year before you can file for divorce. In the meantime lodge a complaint with police for assault which will help you to get divorce on ground of physical cruelty, Secondly file a petition claiming maintenance in case he is not fulfilling his responsibilities under Sec 125 Crpc.

 

 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

  1. First of all you cannot file for divorce till three years elapses from the marriage date. Hence, the best course for you in the meanwhile will be to file a petition for judicial separation. This is necessary as you cannot stay in an abusive marriage.  
  2. Have have you not filed a police complaint against the physical violence? Or filed a DV petition before a magistrate? You should have done​ both. You must do so now.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can file divorce as well as domestic violence complaint against him.  You can claim alimony/ maintenance in divorce and domestic violence.  You can file 125 crpc for maintenance too

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

First of all file FIR of incident and another FIR of dowry demand and domestic violence if you are determined to get separated.

On the ground of extreme cruelty and threat to life, file diovrce. 

Also claim maintainance , compensation and expanses incurred in marriage.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The person looks like a freak and hence you should leave his house. A divorce petition can be filed only after 1 year of marriage and hence lodge a complaint for domestic violence against him in the police station and also for cruelty criminal intimidation and hurt.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

For divorce, you need to wait until Feb 2020, because you can apply for divorce only after your marriage is one year old.

For now, you should approach the Police and lodge a complaint against your husband for harassing and manhandling you.

He cannot forcefully take you back. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

file for file for divorce on grounds of mental cruelty 

 

2) seek interim maintenance and alimony from husband 

 

3) also file DV case seek protection order against husband , alternative accommodation and maintenance from husband 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

First of all, you cannot file divorce till 1 years.

We suggest you to wait for 7 months and then file divorce on the ground of cruelty. 

As per law you can claim maintenance under 125crpc.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to find out an advocate who build file your divorce petition based on your marriage records and at the same time you can file the maintenance under section 125 CRPC and court will decide in three maintenance in favour of you.

For any physical and mental abuse you need to approach your local police station and file complaint had domestic violence and Section 498 a  o IPC against your husband and any related person.

 you may get protection from police and your husband will be councilled by the police

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Madam,

Well, it depends up on the reason you are opting for a divorce. Does your spouse knows that you need divorce? Only you need divorce, or is it a mutual opinion of both you and your spouse?

There are two types of divorce cases:


  1. Mutual consent divorce: In a Mutual divorce or Mutual consent divorce, both husband and wife come to an agreement on all issues between themselves and approach the court for divorce. It usually six months for the divorce decree to be passed.

  2. Contested divorce: In a contested divorce, only the aggrieved person either husband or wife file the divorce petition in the court. The court issues summons to other party to attend the hearing and explain their concerns to the court. Mostly, contested divorces are filed on basis on cruelty, adultery, etc. where the cohabitation is not possible between the couple. The contested divorce takes a lot of time depending on the cases and counter cases filed between the two sides. It may consume anywhere between two years and ten years; time taken for divorce decree to be passed varies with each case, advocate, and jurisdiction.

In either of the cases, you have to approach an advocate and file the respective divorce petition that suits you in the family court in your jurisdiction.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear 

First of all you should lodge an FIR under section 498 A for cruelty at nearest police station.

Then you should meet an Advocate and ask him to file two cases


  1. Domestic Violence Act complaint under DV act against your husband 

  2. Judicial Separation case under section 10 of Hindu Marriage act because you cannot file for divorce before completion of one year of marriage.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You first lodge a crimninal complaint against him with the local police and also seek protection from him especially while you live separately away from him for the fear of safety to your life if you stay with him together anymore.

You cannot file a divorce case within one year from the date of marriage but you can live away from separately till then.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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