• How I can take divorce if husband is not willing to

I have married before 4 years I am not living with my husband from 3 years some time he is coming and live with me but but without my permission He is making physical relation with me he is not supporting me in my education or in my illness now I am doing job and doing my all expanses by myself he is always torturing me for my family and for divorced But after thinking I have decided to take divorced but now he is not ready and saying marry with another person then I will give you divorced and demanding money  Now I do not want to live with him and I do not want to waste my life with him now He is not ready to take divorced  kindly suggest me what I can do in this matter and can I complaint in National commission of woman plz suggest bcz I have not any way to take freedom from him otherwise I will suicide and I have not any child till now kindly suggest.

Jasvinder Kaur 
haldwani ,Uttarakhand
Asked 1 year ago in Family Law from Haldwani, Uttarakhand
Religion: Sikh
1) you have to file for divorce under provisions of Hindu Marriage act on grounds of mental cruelty . 

2) i presume you dont have any children . 

3) since you are working you may not get any maintenance . 

4) contested divorce cases take around 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1) you dont have to pay any money to your husband to get divorced . 

2) i presume your  husband is working and can maintain him self 

3) if your husband harasses you then you can file complaint under domestic violence act or section 498A to pressurise him to arrive at an settlement 

4) under DV act you can seek protection order against your husband 

Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
1. You are required to file for divorce on the ground of cruelty against your husband, which he will be given an opportunity to contest. To succeed in court you will have to prove his cruelty.

2. Do not waste your time by going to NCW as it does not have the authority to intervene. 

3. You can also claim maintenance from him.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
You are at liberty to walk out of your matrimonial home if you do not want to live with him. You may also seek a protection order from the court by filing a case for domestic violence against him to stop him from communicating with you.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) your husband cannot force you to stay with him

2) dint bow down to blackmail tactics 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1229 Consultations
5.0 on 5.0
Hi, you have to file petition for divorce on the ground of cruelty and you have to plead cruelty in the petition,
2, If you are able to prove your allegation before the court then only you will get the divorce,

3. It is my advice to you file a petition for divorce before the court and also sought for maintenance from him as it is the duty of the husband to maintain his wife and children and he has failed and neglected to maintain his wife.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. DO not stay with this man no more who seems to be wretched person.
2. Ask for his permission for mutual divorce once again. If he agrees then it is best for him.
3. If not then file 498A case against him for the cruelties against you. He should be taught the lesson for the acts done by him.
4. Then file a contested divorce suit and ask for maintenance under PWDV Act.
Be bold and raise your voice.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hello,
1) You can file for divorce through a court of law on grounds of cruelty.There is no reason for you stay in an abusive marriage and law is on your part to grant you reliefs.

2) Engage a lawyer locally who will help you with the procedure in the court. Advise the Lawyer to also file an interim application seeking maintenance and alimony.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
You have stated that you are living separately away from his for the past three years or more.  Also you have been meted out with cruel acts including indulging in sex against your wishes which amounts to cruelty. 
You can very well file a divorce case on the grounds of cruelty, desertion and non-cohabitation.
If his tortures are consistent, you may file a domestic violence case also and seek protection from him also interim maintenance from him if you are not employed. 
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
1. Lodge a police complaint to the local police station u/s498A and 406 when he visits you next time. Otherwise you shall have to lodge the complaint to the police station of his area,

2. After that he will not visit you,

3. Next step is to file a DV complaint against him,

4. with all these cases he will agree for signing the mutual consent divorce petition,

5. If he still refuses to sign MCD petition, file a divorce suit on the ground of cruelty claiming substantial amount towards compensation.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You can file for divorce in the family court but before that shift to a safe place so that after he receives summons he should not harass you. Contest it in the court. 

But before filing the case try collecting all the evidences against him so getting divorce would be easy and also lodge a police complaint against him about the cruelty meted out to you. 


Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0

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