You can leave your matrimonial home with your son and file petition for divorce on grounds of mental cruelty from Bangalore 

2) seek sole custody of your son 

3) seek interim maintenance and alimony from husband 

4) you can also file DV case seek protection order , maintenance from your husband and compensation for mental torture undergone by you 

1. I wonder why did you live with them for such a  long time when you were not even treated a human being.

2. Now it is too high time to raise from your slumber and leave those crooks with your child.

3. After getting separated from them do file case u/s 498A , 406, 506 IPC.

4. File case under PWDV Act as well seeking monthly maintenance for the child and damages/ compensation for the years you have wasted for this inhuman creature. 

You can file these cases from your place of stay after separation and if you keep the child with you her stay is safe with you. 

See in case your in-laws and husband has mistreated you  a complaint before police station for same can be filed and FIR can be lodged for this cruelty.

Further you can file a divorce on ground of cruelty against your husband and can leave home and stay with your parents.

In case he files for the custody of the child same can be contested by you.

See divorce can be filed at place where you were married or place where you and your husband last resided together  or opposite party is currently residing.

You can file for divorce in Bangalore if you go and stay with your mother and brother 

2) not necessary to file case in Hyderabad 

You can apply for case in Hyderabad and can later file for transfer of case in SC.

Dear Madam,

You can file divorce case in Bengaluru and get huge alimony for yourself and your son.Not starting divorce proceedings all these years is a fault on your part. There are few instances where the husband and parents in law were asked to reside out side if they are cruel to you and your son. You may try the following.

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Mutual divorce filing under 13B. How soon can it be filed?

Due to irreconcilable breakdown of marriage my brother and and his wife want to file joint petition for mutual divorce under 13B in Lucknow. They are living separately for 1.5 years . If both parties are ready How soon can the petition and other required papers be prepared and first filing take place in Lucknow?

Answer

According to the Hindu Marriage Act, all couples who are covered under the said act cannot file for a divorce within 1 year of marriage. In case of Mutual consent divorce that is covered under Section 13B of the Hindu Marriage Act a couple can jointly file a petition for divorce in the district family court provided they fulfil the following conditions:
 

• living separately for a period of one year or more,
• not been able to live together and
• have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of divorce. 
 

Answers (3)

If both the parties i.e. the Husband and Wife are ready, and the documents are ready then the petition can be preapred in a day and the same can be filed on the very next day ... Subject to the availability of both the parties and the Presiding Officer at the Family Court.

Preparing of papers depends on the counsel and six months of cooling off period is provided by the court to the consenting parties and if none of the party withdraws then only decree is passed..so it will take at least six months from the filing of the requisite papers..

with regards to the filing of the petition, it totally depends on you, there is a statutory period of 6 months between the filing of the petition and the final grant of divorce, if you can convince the judge to waive of this period very good, else wait for 6 months for the final decree

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What is mental cruelty?

According to Section 13(i) (a) of the Hindu Marriage Act, 1955, a mental cruelty is broadly defined as that moment when either party causes mental pain, agony of suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party.

The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live.

 
What constitute a mental cruelty?

The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life.

A mental cruelty can vary depending upon different matrimonial cases so it is impossible to have a uniform standard to go by. Some instances illustrative of what defines mental cruelty as described by the Supreme Court of India (SC) are enumerated here.

• On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make it possible for the parties to live with each other, could come within the broad parameters of mental cruelty;
• On a comprehensive appraisal of the entire matrimonial life of the parties involved, it becomes abundantly clear that a situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party;
• Mere coldness or lack of affection cannot amount to cruelty however frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable;
• Mental cruelty is a state of mind - The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of the other over a long period of time may lead to mental cruelty;
• An unrelenting course of abusive and humiliating treatment calculated to torture, discommode or render miserable the life of one spouse;
• Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse - The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty;
• Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty;
• The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction. Emotional upset may not be a valid ground for granting a divorce on the grounds of mental cruelty;
• Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day to day life is also not an adequate for granting a divorce on the grounds of mental cruelty;
• The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty - The ill-conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer. This may amount to mental cruelty;
• If a husband submits himself for an operation of sterilization without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty;
• Unilateral decision of refusal to have intercourse for considerable periods of time without there being any physical incapacity or valid reason may amount to mental cruelty;
• Unilateral decisions made by either husband or wife after marriage to not have child from the marriage may amount to cruelty;
• Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair - The marriage becomes a fiction though supported by a legal tie - By refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage. On the contrary, it shows scant regard for the feelings and emotions of the parties involved - In such situations, it may lead to mental cruelty.

 
How to prove mental cruelty in a court?

Establishing a case of mental cruelty depends upon the facts and circumstances of each case. However following ways, you can prove mental cruelty in a court:

Your oral testimony or in writing is sufficient ground for proving mental cruelty. Strengthen your oral or written evidences with instances of mental cruelty like continuous non – cohabitation or denying physical relationship, verbal and physical abuses, arrogant behaviour, incompatible or ever increasing difference of opinion aggravating the domestic relationship.

1. Let you 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.

  t2..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.

 r3.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. You can file for MCD in Bengaluru.

if you want to terminate the matrimonial knot, then,try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since you do not require/expecting any money, therefore, chances for the settlement are quite nice)

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you are advised to file/claim

498a complaint (for causing mental, emotional, physical and monetary abuse, etc)

Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)

you have rights to claim residence, protection, compensation, maintenance,

you can file the case from bengaluru

Hi

You can file the cases in banglore.

Easy separation will not be possible without their consent (mutual Consent Divorce)

You will easily get the permanent custody of the child.

i would suggest you to file all the cases on them like DV, Divorce, 498A, Maintenance etc. this would create pressure on them and you could get them on knees for Mutual Consent Divorce.

Thanks

I repeat you can file the case from the place where you would be ordinarily residing. 

DV is continuous wrong. You can file cases from your parents place. Whenever you go to blore with child carry your valuables with you and child documents and TC. 

Custody of child stay with mother only.

You can file FiR domestice violence both both physical and mental and recovery of your articles in possession of husband and in laws.

Simultaneously you can apply for divorce and maintiannce fom your place. As much case you will file, more pressure will create on them to agree on your terms for easy separation.

If you will file FIR first than their any false case will have no repercussion and no case made out agsisnt you. Will not require to travel back.

Hi Mam 

The law says that you can file a case where you last reside or you are presently residing, so you can always file a case on the grounds of cruelty in Bangalore and you might have to crate a pressure on them by filing a case on your husband and your in-laws in Bangalore, so that they can settle under your terms. 

This is the best way and later you can go in for a mutual divorce.

You should leave the house with your child without informing them. Fike a divorce case from your parents place on grounds of cruelty and also file a case of domestic violence against him and in laws.

You can file a case wherever you live.

Yes, you can file a case in Bengaluru.

I will suggest you to file a case against your husband and your in-laws, for the domestic violence they have been meeting out to you. Also, seek maintenace from your husband, for self sustenance and the sustenance of the child.

Mutual divorce would be the easiest in case your husband is also ready for separation. In case he is not up for mutual divorce, you will have to contest a divorce case against him on the ground of cruelty.  

Hello,

The case has to be filed where you last resided together or in your jurisdiction.

Regards

If you are staying with your mother you can file cases there otherwise you need to file it from your matrimonial place or current place of temporary residence if you left your matrimonial home. You can seek domestic violence order for custody of your  child and also seek maintenance for you and your child. 

Yes, this case can be file from Bengaluru.

I will suggest you to file a case against your husband and in-laws under the Domestic Violence Act. Also seek maintenance from your husband, for sustenance of self and child. Mutual consnet divorce would be the best way out for you, in case teh husband is also ready for separation. In case he not interest in divorce, you will contest divorce proceedings against him on the ground of cruelty.  

If the situation is intolerable and you do not find any scope or prospects in continuing this unbearable marriage, then you can decide to quit this married life by filing a contested divorce case on the grounds of cruelty.

Before tht you plan things meticulously, i.e., by leaving your matrimonial home to your parents house at Bangalore along with your child.

Once gone there, you can file all types of  cases agaisnt him and his parents.

First you can file a DV case seeking relief of protection, compensation for their tortures and cruelties they have meted out to you, return of all your articles including your jewels;

Next, if necessary you may lodge a criminal complaint under section 498, 506, 509, 294b, 354 IPC against your husband and his close relatives  for the tortures and cruel acts leashed out against you;

Then you can file a contested divorce case on the grounds of cruelties.

You can file all these cases from your parents house at Bangalore also.

You can file the case at Bangalore itself.

you do not have to travel from Bangalore to Hyderabad for this purpose.

You can consult an advocate in Bangalore after moving out to Bangalore

- The easiest & shortest way to get decree of divorce from the court is Mutual divorce, i.e you should take the consent of your husband to file a mutual divorce petition with the condition of child custody .

- If, your husband not ready for mutual divorce then you should file a Divorce petition on the ground of cruelty.

However, before filing of divorce you should know your right, which are:-

 1.As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

2.Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute , otherwise, they will lodge an FIR against all the person, who subjected you cruelty. 

-  Further, As per law, even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.

- The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.

- Yes, you can file your case from Bangalore

Good luck and dont forget to rating Positively.

Hi 

Under section 19 of Hindu marriage act, you can file for divorce either at

1) Place where your marriage was solemnized or 

2) Where the parties to marriage last resided together or 

3) Where the Respondent is presently residing.

So in case you wish to file the case from bangalore, then either the marriage should have been solemnized at Bangalore or the parties must have resided at Bangalore or the Wife must be presently residing with her parents at Bangalore. 

It is always better for the lady to file a case where is presently residing (in case she is working woman).

You should  2 petitions (i.e 1 for divorce and another 1 for guardianship of child)

Please note that divorce decree pertains only the the marital relationship between parents and utmost child custody rights may be defined. 

However, if the mother wishes the child to be away from the father for all practical purposes, she should file a separate petition for guardianship.

Assuming the husband files a divorce case at Hyderabad and the wife opts to have the proceedings at Bangalore, then the wife should approach supreme court of india and file a section 25 CPC petition and get the divorce proceedings transferred to Bangalore. 

It will be foolish for the husband/inlaws to file a case against the woman given the fact that present day laws are favourable to a woman and if the woman chooses to she can file any/all of the following cases

1) Domestic Violence case against husband and in laws.

2)Seek maintenance u/s 125 cr.p.c for the child. 

3) Seek divorce 

4) Seek guardianship of child and 

5) Seek a share of property from the husband and in laws for and on behalf of minor child and 

6) File a 498A case against the husband and in laws. 

Hope this information is useful.

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

You can file Domestic Violence case in Bangalore seeking following reliefs:

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. xxxxx/- and advance of Rs. xxxxxx/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.xxxx/- per month as maintenance for applicant and maintenance at the rate of Rs. xxxxx/- each per month to her three children.
5. Pass orders granting Rs. xxxxx0/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.xxxxx/- 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.

Madam,

It has been said in our holy books and also reiterated in court order that self respect and honour is very essential for everyone. You are suggested to preserve your self respect and leave the family of in-laws informing the police regarding the torture and harassment faced by you. Then initiate the proceedings of divorce on the grounds of cruelty citing all the reasons. 

1. If you want an 'easy separation' then you persuade your husband to go for mutual divorce in which no allegation/counter allegations are to be made and the entire process can be wound up in less than 6 months, else it can be contested divorce only which takes about 2-3 years on average.

2. You can also file for child custody and guardianship under GWA.

3. You may have to appear personally in the case as Family Courts require the personal presence of parties.

1. You should first of all move out of your house as soon as the lockdown is over, go to your parents house in Bangalore.

2. After reaching in Bangalore hire an advocate and file Domestic violence case against your husband and in-laws under Section 12 of DV act. 

3. In DV case claim interim relief of custody of your child and protection from husband and in-laws and you can also claim monetary relief if you want to. 

4. You can file case from Bangalore as your Mother and brother are living in Bangalore.

5. Your in-laws cannot file any false cases against you and if they file any case then you can very well defend yourself. 

You can file divorce under cruelty and also file application seeking custody of child.

Mean while you try and collate audio / video recordings of their acts which will come to your support going forward.

You can also file applications seeking Protection Orders, Monetary Relief , Custody Orders, Compensation Orders  & to Grant ex-parte interim orders under Domestic Violence Act 2005.

That apart you can also file cases under Sec.498-A, 406 & 506 of IPC.

You can file above cases at Bangalore where you are presently residing no need to come to Hyderabad.

1. As per the information mentioned in the present query, makes it clear that you have been subjected to mental as well as physical harassment.
2. I would like to apprise you that you need to collect some proofs of all such cruelty before going for the divorce petition.
3. Thereafter, I would request you to stay at your parents home and then file the divorce petition, in this way, you will not have to travel from one state to another.
4. And you will be getting money for sure even if you don’t press for it as law makes it mandate in cases of divorce in the ground of cruelty or adultery.