• 45 year old woman looking to get divorce from husband

My sister is looking to get divorce from husband in Hyderabad, India due to mental, verbal and psychological abuse. Looking to adopt the legal route to get divorce and also protection in case husband finds out that she is going to leave him. What are her options?
Asked 9 months ago in Family Law
Religion: Muslim

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11 Answers

Your sister has every right to claim divorce on the ground of cruelty etc. She can also file police complaint against husband etc for cruelty, torture, misappropriation etc. She can also claim maintenance and seperate residence to lead a dignified and respectable life which her husband is legally bound to provide. She can also ask for police protection to protect her body from atrocities of husband. 

Siddharth Srivastava
Advocate, Delhi
1246 Answers

5.0 on 5.0

The only way is a court litigation. If your sister is living in USA, she may appoint a GPA and contest the matter from there. Other options are highly individual, more details are required to effectively answer

Srikanth Chintala
Advocate, Hyderabad
17 Answers

Not rated

She can file a contested divorce case in case he is not agreeing for mutual consent divorce.

She can file a contested divorce case on the grounds of mental cruelty.

If she apprehends any danger from him then she can seek police protection.

She can travel back to India and she cannot be stopped by him if she is unwilling to reside together with him

T Kalaiselvan
Advocate, Vellore
84948 Answers
2198 Consultations

5.0 on 5.0

You need to file divorced and seek maintenance you can demand alternative accommodation and restraining order against husband. You can also stay in the same house and seek restraining order 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Hello,

File an application under section 498a IPC and 125 of the CrPC. 

You can speak with me so I can help you further.

Regards 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Wife can file for divorce in family court on grounds of cruelty 

 

2) seek interim maintenance and alimony from husband 

 

3) file DV case against husband and seek protection order ,maintenance and compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
94749 Answers
7540 Consultations

5.0 on 5.0

She should file a Complaint under domestic violence act, basides a 498a complaint with the police. Later, she may file a contested divorce petition in the local family court 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

If your sister is a victim of domestic violence, she has every right to seek a divorce. However, if she starts the legal  proceedings, notice will have to be served on her husband necessarily. There is no way it can be kept away from him.

Swaminathan Neelakantan
Advocate, Coimbatore
2803 Answers
20 Consultations

4.9 on 5.0

Opt for mutual consent.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Client,

Your sister possesses the full right to initiate divorce proceedings on grounds of cruelty or any other valid reasons. She is also entitled to file a police complaint against her husband, addressing any instances of cruelty, torture, misappropriation, or any other unlawful acts. Additionally, she has the right to claim maintenance and seek a separate residence, ensuring she can lead a dignified and respectable life, which her husband is legally obligated to provide. Moreover, she can request police protection to safeguard herself from any potential harm or atrocities inflicted by her husband.

 

 

Anik Miu
Advocate, Bangalore
8901 Answers
110 Consultations

4.7 on 5.0

-  You should know that your sister is having the following right and claims from her husband. 

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 for her &child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her 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 her residential right, medical expenses etc., and also for teaching a lesson to her husband, who subjected her torture & harassment, she should 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 dowry items , 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.

- Your sister can lodge a written complaint against her husband , in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Further , if she only wanted to be separate , then she can file a contested divorce petition before the family court on the ground of cruelty and even can claim alimony from her husband . 

Mohammed Shahzad
Advocate, Delhi
13246 Answers
198 Consultations

5.0 on 5.0

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