• Need advice regarding divorce

I have been married since 2015. I used to live with my husband and parents in law. Though I have always wanted to do a job, there was undue pressure from my FIL. I tried for govt job but could not get through. I was taunted by him for sitting idle at home and wasting time. On the other hand my husband wanted me to do the housework and find a job for myself and was also unwilling to give me money for my personal expenses. My SIL often visited and interfered and asked me very personal and intimate questions about my relationship with my husband. After 2 years of marriage my husband ceased to have any physical relations with me, and on asking him what the matter was he would act very blunt and avoid answering the question. He always had a bad temper with me. Sometimes for sadistic pleasures he would twist my hand or put blanket on my face to let me suffocate and then let go. Also, few days before marriage my FIL had demanded Rs. 5 Lakh as dowry without which he said he would call off the marriage. The family was also involved in superstitious and black magic like practices. All this had become unbearable and I came to my father's place. Now I have decided and made it clear I will not go back and want a divorce. How should I proceed in this matter. And what should I rightfully receive from my husband as per the law on getting a divorce.
Asked 4 months ago in Family Law
Religion: Hindu

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14 Answers

File for divorce on grounds of mental cruelty 

 

2) husband refusing to have sex amounts to mental cruelty and is ground for divorce 

 

3) husband abusing wife amounts to mental cruelty 

 

4) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
89022 Answers
6344 Consultations

5.0 on 5.0

The law regarding divorce and maintenance states that you should file a maintenance application and a domestic violence case against them.

Demand adequate compensation/maintenance and also file a divorce petition against the husband. 

Demand suitable alimony.

Rahul Mishra
Advocate, Lucknow
13845 Answers
65 Consultations

5.0 on 5.0

1. If you can convince your husband to agree for Mutual Consent Divorce, you can save time and money.

2.  Division of assets, alimony and other things can be amicably settled between husband and wife.

3.  After obtaining favourable MCD decree , you can start your life afresh and if interested you can remarry.

3.   If you go for contested divorce, it will take more time as well as you have to prove the allegation/ground against your husband.

Shashidhar S. Sastry
Advocate, Bangalore
4343 Answers
258 Consultations

5.0 on 5.0

You can file petition for divorce in Family Court and can claim maintenance in that. You can also file a seperate complaint regarding dowry demands, mental & physical abuse suffered by you in the Women Police Station.

Nikhil Gupta
Advocate, Yamunanagar
97 Answers
1 Consultation

4.0 on 5.0

You can file a contested divorce case against your husband on the grounds of cruelty and desertion (if you have been  living separately for more than two years away from him).

You can ask for maintenance either a monthly amount or a bulk amount but you have to prove his income with supporting documents about his income status. 

T Kalaiselvan
Advocate, Vellore
79184 Answers
1611 Consultations

5.0 on 5.0

In case marriage has not been consummated then go for annulment of marriage.

Dalip Singh
Advocate, New Delhi
1050 Answers
36 Consultations

5.0 on 5.0

You can seek divorce on the grounds of cruelty against your husband. You can also file a case against your husband under 'Protection of Women Under Domestic Violence Act' for protection, shelter and for maintenance. 

Mohammed Mujeeb
Advocate, Hyderabad
19032 Answers
32 Consultations

4.5 on 5.0

I am forwarding rights  she have under law, make use of it.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you,  son/daughter if any.

Section 13 of Hindu Marriage Act, 1955  provides for divorce on following  grounds like..

  1. Having sex outside marriage, having girl/boy friend amounts to having sex outside marriage.
  2. Desertion (neglecting husband/wife) for two years,
  3. Cruelty, it can be physical or mental direct or indirect. You can file divorce on this ground.

Contact local lawyer and engage him it take 1 – 2 years for divorce case.                    

Document required…                                                                                                                   

  1. Aadhar card
  2. Proof residence.
  3. Proof age of both.
  4. Passport photographs of both.
  5. Proof of marriage, invitation card.
  6. Marriage photograph with both.
  7.  
  8. Divorce petition.

 

 

Ravi Shinde
Advocate, Hyderabad
3124 Answers
42 Consultations

5.0 on 5.0

Dear Client,

You can file for Divorce on the ground of mental and physical cruelty. You will also be entitled to maintenance from your husband.

Anik Miu
Advocate, Bangalore
5334 Answers
57 Consultations

4.9 on 5.0

You can file contested divorce if husband is not ready to go for mutual consent divorce. You can seek maintenance from him through family court in divorce proceedings as well as domestic violence complaint against him. You can also seek maintenance under 125 crpc proceedings

Prashant Nayak
Advocate, Mumbai
28058 Answers
93 Consultations

4.4 on 5.0

If you feel that your marriage has irretrievably broken down, you may seek divorce. Please arrange to issue a notice first through a lawyer specializing in family matters and then proceed to file a petition at the family court. Legally you will be entitled to appropriate monthly maintenance, depending on the merits of your case.

Swaminathan Neelakantan
Advocate, Coimbatore
2121 Answers
20 Consultations

4.9 on 5.0

Hello,

 

The way forward for you is to bring a petition for dissolution of marriage under section 13 of the Hindu Marriage Act. The ground for divorce will be "mental cruelty." Based on your narration of husband's conduct, you have been subjected to mental cruelty. The taunting and the sadism that you were subjected to constitute such cruelty, as does the refusal to have sexual relations.

 

You are entitled to the recovery of your Shreedhan (all that belongs to you including things gifted by your husband and in-laws). Further, you may also be entitled to maintenance if your husband is refusing to defray your living expenses despite adequate means and you are unable to maintain yourself. The caveat is the wife must not be living in adultery or have deserted her husband without just cause.

 

That is not all as you also have the Protection of Women from Domestic Violence Act, which  provides for compensation for victims of domestic abuse (physical abuse, sexual abuse, mental abuse, etc.) among other things. 

 

Lastly, demanding dowry is a prosecutable offence. The person who made such a demand is liable for punishment.

 

You should hire a lawyer to initiate some or all of the above proceedings on your behalf. The facts of each case are different. It is necessary for a lawyer to know the complete facts of your case in order to advise with greater specificity. 

 

Hope that answers your question. Follow-up queries are welcome.

 

 

 

 

 

 

Pulkit Chandna
Advocate, New Delhi
205 Answers
5 Consultations

4.9 on 5.0

Hello Dear Madam X

I have gone through the Contents of your email and read it very carefully. Though, there is missing of many incidents which I wants to know from you. Nevertheless, will give you proper advice.

First of all, I think you both the family are extremely and urgently required counselling. You know marriage should not be broken down on petty issues. There are many issue in the life of marital life, which can be resolve by giving counselling. It is advice to talk to your parents and find out root cause of your marital disharmony.

You have stated that your hubby is now not interested in having physical relationship with you. All right, there may be some reason, ask him when he is in good mood.  You stated that your father in law demanded money of Rs. 5 lacs. Madam your are living in 21st Century , Protest strongly and asked him for what purposes he needs money.

Tell him that  your father has spent huge money at the time of the marriage ceremony. So strict and restrain  him not to ask again and warn him not to repeat the same in future.

I don't believe in black magic or superstitious practices nor the court will believe on these things. It is really unfortunate that you have leave your matrimonial home without taking legal advice from your advocate. Any way still you can go to your matrimonial home with your father. Tried to resolve your all the dispute and differences.

Further don't leave matrimonial house until and unless you receive proper advice. It is bring to your kind notice that Prevention of Domestic Violation act, 2005 is fully protective and supported like you women. The law protect you and children. However, You have got so many right under the provision of law, even they have not right to thresh out from your matrimonial home.

You have mention that you do not want to go back your matrimonial home and further asked about how long divorce will take time. For your kind reply, it is to advice to you that if you file divorce Petition on the ground of  Cruelties the same will take at least 5 years. I would rather advice approached any of the Mediation Centre, near to your home vicinity or near the competent court of Jurisdiction to your parental home. You know filing various kinds of Petition wastes of time, and huge expenses though am a lawyer advising you. But in the matrimonial proceeding, since the office of women Cell , Session Court, High Court, and Supreme Court all will say settle it amicably then why will spend money and kill time. It is better to settle matter amicably.;

However, despite your best effort, if your in-laws not ready or interested  to settle all the issue then show then them music in day by filing various kinds of proceeding, including, criminal and civil.

I m Matrimonial  Advocate, ready to assist you and your in-laws if required my services.

G.L.Soni

Advocate

 

 

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

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, 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. .

- If your husband files a divorce case, then you should file the above mentioned cases against him , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

- However, if you wanted to end the marriage without filing any cases , then you can opt for mutual divorce . 

Mohammed Shahzad
Advocate, Delhi
10269 Answers
123 Consultations

5.0 on 5.0

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