• Divorce petition

I am looking at giving a divorce petition to my husband very soon on grounds of cruelty as he keeps doubting me forever and doesn’t want me go out with friends and my parents house as well. Mental harassment that u have an affair at workplace. Basically his nature is very egoistic and he can’t take he would ever commit any mistake , keeps stating I m incorrect in all instances and keeps checking my phone every now and then. I have been working for last 10 years. My son is 7 years old. I want to know if I will get the child custody and will I be able to get alimony from my husband for the child.
It’s been 2o days since I am staying with my parents, his parents and himself keep harassing me mentally by curbing my freedom. Don’t go out I should go out with them only. My father in law says even if my son is wrong he is male he can do anything , I will ask women only to understand and keep up the relation. 
Basically there is a lot of lifestyle issues and compatibility issues since last 9 years. He recently even slapped and thrashed me in the night and said “he would rather respect a prostitute more than me”
I need your help to understand Better which is good if a female files the divorce petition holds more weightage and she would get the divorce faster!
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

1)  you should be awarded custody of your child . welfare of child is paramount consideration 

 

2) you would get maintenance for the child 

 

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

 

4) husband assaulting wife amounts to mental cruelty 

 

5) husband accusing wife of having an extra marital affair amounts to mental cruelty 

 

6) you have to prove allegations made in divorce petition 

 

 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

1. Your marriage is certainly not working out and I wonder why he is doing like this as the same is not normal t any circumstances.

2. Since contested divorce suit is long time affair first make him agree for mutual divorce.

3. If he does not agree for mutual divorce then you have no option but to file contested divorce suit.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

  1. Convince your spouse 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.

5.  If you opt for contested divorce, then any one of the conditions have to be satisfied:-

(a)  After marriage, voluntary sexual intercourse with any person other than his/her spouse

                       OR

(b). Treated the petitioner with cruelty

                       OR

(c).  Has deserted the petitioner for a continuous period of not less than 2 years immediately preceding the presentation of petition

                                OR

(d)   Has ceased to be a Hindu by conversion to another religion

                                      OR

(e).  Has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder

                                       OR

(f). Incurable form of Leprosy

                                       OR

(g). Incurable form of VD

                                       OR

(h). By entering into any religious order

                                       OR

(I)   Has not been heard of as being alive for a period of 7 years or more.

Shashidhar S. Sastry
Advocate, Bangalore
5641 Answers
339 Consultations

Comparing wife with prostitute and suspecting her Character Amounts To Cruelty, Character Assassination - Valid Ground For Divorce:

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You filed a written complain before the police station in your jurisdiction against your husband regarding physical or mental harassment.you also complain before State commission for women. 

If you want to get rid of your husband then you can file a case for divorce before the concerned court in your jurisdiction and simutaneously file a criminal complaint against your husband on the, ground of threat to your life before the concerned police station.Please go through kaanoon advocate as we cannot share our contact details here. So let's follow the rule of the site and engage expert through this web portal. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

See firstly since you are earning court may deny you maintenance though in case you are given custody of child which you can get citing ground of welfare and age of child.

You can file a criminal complaint for slapping and mental abuse in mahila Police station  along with the divorce on the ground in the family court.

See divorce petition on ground of cruelty has to be supported by the evidence and it takes equal time in contested divorce. Since your husband slapped you can file a criminal complaint and on same he may come for settlement. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Nothing like that anyone can file divorce it's good if you go for mutual consent divorce. You can also file domestic violence case and maintenance application against him

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

DV cases take 5 years to be disposed of 

 

2) contested divorce cases take 5 years to be disposed of 

 

3) mutual consent divorce takes 6 months 

 

4) if husband is not agreeable file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

Yes you should file on cruelty and file a complaint under DV act.

See filing complaint shall make your divorce.stronger and there shall be more chances of settlement and mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes you can do that

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

Dear Madam,

You may file a divorce petition and also DV case. 

Kishan Dutt Kalaskar
Advocate, Bangalore
6249 Answers
502 Consultations

If he agree for MCD good, last resort is contested diovrce and DV cases.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need not to beg from them mutual consent divorce

If your son is with you now you should file a divorce petition against him. 

You should file a case under section 498a against him and his family members. 

Your son is liable to get maintenance from your husband even if he is living with you. 

If you are not having custody of ur son then go and bring your son thereafter file all these cases against them. 

They will be harrased and they have to pay maintenance thereafter they theirself will try for divorce with mutual consent

Tarun Budhiraja
Advocate, Rohtak
379 Answers

You will have to go court most probably 5to 6 times that too for evidence

Tarun Budhiraja
Advocate, Rohtak
379 Answers

If the situation is  intolerable and it would not be possible for you to continue the married life with him anymore then you can file a contested divorce on the grounds of cruelty.

Since the child will be with you then it would be he who may seek child custody by filing a case in court, you may challenge the same on merits

You can seek maintenance and expenses for your child from him. 

 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

If he is not agreeing for mutual consent divorce then you may have to file a contested divorce on the grounds of cruelty.

To put pressure on him you may file a DV case against him so that he will feel the pressure and come down for mutual consent divorce on whatever terms you may agree to.

 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

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