• Divorce from my husband

I have been married since last 5 years and since than its been a traumatic experience. My husband has a bad anger and bad habit of lying. Since my marriage we haven't had any physical relation except only beginning of three months of the first year. I though things will improve but with time everything turned around, he started physically and verbally abusing me and he used to manipulate everything when my parents were around. Initially my parents asked me to adjust and asked him to stop all this abuse but with time things have gone bad. 

Just two weeks back, he hit me crazily so many times but hurting my back. I have photos of what he has done, I even have a medical report and voice recording of his beatings. After that fight i am staying separately and I don't want to continue anymore with this marriage. 

My parents also have given a final word to him and his parents but he still wants to live together by promising that he will improve and stop this violence. After that fight he even took the locker key which has also my jewellery. I want to apply for a divorce which can be quick as I do not want to continue amymore with this relation. What is the best way and fast procedure, if i apply for mutual divorce and he disagrees after 6 months than what are my other options and incase i do a case under section 498 A than what is the duration of getting the divorce.
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
On grounds of cruelty you can file for divorce in case he does not agree for mutual consent, then you can file criminal cases against him and his parents U/s 498A and Domestic Violence act, these would be essential if you have to file for divorce on grounds of cruelty and harassment. Keep all evidences of violence meted out to you by your husband, these will be helpful in your cases against him.
Kiran N. Murthy
Advocate, Bangalore
1017 Answers
91 Consultations

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your husband should agree for divorce  by mutual consent which takes around 6 months 

2) contested divorce take around 5 years to be disposed of . if your husband is not agreeable for divorce file for divorce on grounds of mental cruelty 

3)in order to pressurise your husband you can file complaint under section 498A against your husband for continuous acts of cruelty and for return of your streedhan

4) you can also file DV case and seek maintenance , alternative accommodation , compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

if you file the case seeking divorce on grounds of cruelty it would take atleast 1 to 2 years, in the meanwhile if he travels a lot abroad and is not available in India for the hearing's, his counsel will try to drag the case a little longer.
As regards the locker key being with your husband, inform the bank manager that is if the locker is in your name that your husband should not be allowed to use it without your written consent and permission.
Kiran N. Murthy
Advocate, Bangalore
1017 Answers
91 Consultations

5.0 on 5.0

1) You can file for divorce on grounds of cruelty both mental and physical. All the proofs that you have all be handy at the time of evidence. You also need to get witnesses to depose on your behalf.

2) There's no fast procedure about divorce proceedings. It can take 2 to 3 years for the disposal of the case. On the mean time if he comes forward for a mutual consent divorce the petition can be converted to a mutual consent petition.

3) Mutual consent divorce will become possible only if your husband agrees for the same. On case here does not cooperate with the MCD after filing it and does not appear after six months you will have to file a unilateral petition then. Therefore don't try that unless he is agreeable at the time of filing the petition.

4) Filing a case under 498A had no bearing on how soon the marriage petition of being disposed of. However a complaint under 498 A can help bring pressure upon your husband.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. The quicker divorce is only possible if both of you agree for mutual divorce. Otherwise Contested divorce suit take some time.
2. Against the tortures you can file case u/s 498A, 406 IPC.
3.  Do file case under PWDV Act for your maintenance and the child, if any and also for residence arrangement.
4. Divorce is sought for under marriage act and not under section 498A .
Devajyoti Barman
Advocate, Kolkata
13143 Answers
175 Consultations

5.0 on 5.0

1. You can apply for divorce on the basis of cruelty against your husband. If he backs out of mutual divorce after 6 months or before, the court will deny you mutual divorce, in which event you will have to apply afresh for divorce on the ground of cruelty.

2. You can also file a criminal case for assault and 498A against him if they are made out. These cases have no correlation with divorce proceedings, which implies that divorce proceedings will march ahead by any criminal charges against him.

3. The court can restrain him from travelling abroad if there is an apprehension that he may never return to face the Indian judicial system.

4. You can also file a case for recovery of your stridhan in his exclusive or joint possession. 

5. Divorce proceedings may take 1-2 years to conclude.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

What is the best way and fast procedure, if i apply for mutual divorce and he disagrees after 6 months than what are my other options ?
If he turns hostile at the end of six months i.e., during the second motion of the mutual consent divorce proceedings, the case will be dismissed, but you will have a strong reason for filing divorce on the grounds of cruelty and also desertion, if possible, non-cohabitation for a period over two years also can be included as additional grounds seeking the relief of dissolution of marriage by a decree of divorce. 

and incase i do a case under section 498 A than what is the duration of getting the divorce.
A complaint under 498a is different, it is a criminal case and the divorce proceedings is a civil case, therefore  they do not have any link between them.   Usually regular divorce proceedings will take years to get disposed.

But whats the maximum time to get a divorce if i file 498 A and domestic violence act.
The domestic violence case is a criminal case after a complaint filed before the judicial magistrate court.  The 498a case is a state prosecuted case which will come to the court after you have lodged a complaint with the police and they make an investigation, file charge sheet before the judicial magistrate court. 

 And he travels abroad a lot, incase i file a case than is there anyway to stop him to travel abroad 
With the criminal cases pending against him, you may move an application to the judicial magistrate trial court for imposing condition on him to not to travel abroad permanently and without permission of court, so every time when he intends to travel t abroad he may have to file an application seeking permission of court to leave the country, at that time you can intervene and raise objections for his travelling abroad. 

and him to not use the locker which has my jewellery
If  the locker is in your name, you can issue a letter to the Bank manager instructing him to not to mallow him to operate your bank locker and seal it until you want to operate the same. 

. Kindly let me know the legal procedure and the time limit for the divorce under section 498A.
There is no divorce case under section 498a, better understand the law properly and ask this question. You can file a divorce case on the grounds of cruelty or desertion.
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

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