• Legal advice on divorce

I am a mother of two kids less than 3 years, married for last 15 years. My husband has been indifferent attitude, non-co-operative in all household affairs with no responsibility on family. He often shouts at me in foul language, and hates my parents like enemies. But my parents have only helped me financially and  morally through tough-times. Things are getting worse as my in-laws and his brother are telling him lies and wrong influence.
please advise on how I should try to get a counselling done or god-forbid if things get worse file for a divorce.

I am afraid as he is a tough stubborn person, i do not wish to get separated in first place but i am unable to bear the emotional/mental burden

thank you

Satya
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Hindu
Dear Client
You are advised to file a DV case . You need to file a written application to the Women's Protection Officer at District Collector Office.The Officer will call you husband and othe relatives for counselling. I am available at Hyderabad, you may contact me through the admin for legal assistance.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
You give him a family counselling and try to to convince him if not working involve elderly persons to negotiate only last take a move legally by filing DV case and residence permission and for maintainence.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, filling  a petition in court will not help you, better go for a family counseling so that you issue may be resolved.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) you can file for divorce on grounds of mental cruelty . using of abusive language amounts to mental cruelty 

2) if your husband is stubborn it is doubtful he would agree to visit a family counsellor 

3) once you file for divorce case would be referred to counselling . 

4) if you dont want divorce  file DV case and seek alternative accommodation , maintenance and other releifs
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. Before taking any step to terminate your 15 years long matrimonial relationship, please keep in mind that Divorce is the 2nd most stressful event in one's life',

2. His habit of being indifferent to you  or shouting at you at times may change with the passage of time but once you file a case against him, it will be difficult for you to get back even your present position,

3. So, think several times and if you still decide to take action against him then,

a) Collect evidence of his cruel behaviour against you by audio/video recording,
b) Make sure you shall be able to pull on without the presence of your husband and make arrangements accordingly,
c) After making the said arrangement ask your husband for mutual consent divorce with compensation since you shall have to pull on for rest of your life with your children whose maintenance is his responsibility,
d) If he does not agree then file a Divorce Case on the ground of cruelty being supported by the evidence you have already been adivised above to collect. Your matter will be sent for councelling,
e) If you do not mind little more harsh treatment on him, you can file DV case and ask for maintenance and seperate accomodation for you and your kids,
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
In this situation you should make a complaint to a protection officer or approach to Mahila Thana for mediation. After mediation if your husband reluctant to take care of his family then  go further and file a complaint in Judicial Magistrate Court either under Cr.P.C. sec 125 or under domestic violence act (DV act). You can approach to the protection officer for move your application in court. Under DV act you have right to get monetary relief and separate accommodation.  
Filing divorce at this stage may cause fatal for you, if you compel your husband to perform his duties by the process of law.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Dear Querist
first of try to settle the matter with the help of family members and relatives if not possible then contact a family counselor or  a lawyer (family law expert) and consult with your husband.
if there is any psychiatric problems then contact psychiatrists
If all the above option got failed then you may file a domestic violence case, divorce case or maintenance case against him before court of law and in any case you may approach to court for counselling.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
First visit a family counselor and try resolving your issues. If you have decided to part ways and are looking for a Divorce, then you file divorce petition on ground of mental cruelty  under Section 13(1)(i)(a) of the Hindu Marriage Act 1955(assuimg you are a Hindu).You shall be liable to get alimony / maintenance from your husband  under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings. The Court shall decide the maintenance  based on the facts and circumstances.
In addition to above , you may also file criminal complaint under DV act.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
You can approach court of jurisdiction for maintenance and separate accommodation. You may opt for judicial separation with maintenance. If you wish you may file divorce suit on cruelity
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
1. Abusing your spouse amounts to infliction of mental cruelty which is a ground of divorce under the Indian law. Hence, you can apply for divorce on this ground. 

2. The above being said, to obtain divorce you would need proof of him hurling abuses at you. Proof can be in the nature of audio/video recordings. So start collecting the proof now if you wish to apply for divorce as no court would grant divorce without insurmountable proof being produced.

3. One legal remedy to put an end to the mental cruelty suffered by you, without going for divorce, is to file a case for domestic violence in the court whereupon the court can order your husband to refrain from subjecting you to domestic violence. If the court order is violated by your husband then he can be jailed.

4. Alternatively, you may move to court and seek separate accommodation at the expenditure of your husband in addition to seeking maintenance for yourself and your children.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0

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