• Divorce - mental and physical harassment

This is Nikita here, am working in HDFC bank. I got married in 2009. But since marriage I had many dispute with my mother in law and husband. They both are dominated. And my husband is drunker, from the beginning only he is drinking and after that abusing me and many times he had bitten me. He always has doubt on me and with this thought of in his mind he thinks anything of me and abuses me in front of my child. He has hacked my phone many times to find out something and made issues, arguments on my chats and social medics related posts. I am trying to get separate from him since 4-5 yrs but he is not ready to give divorce and not ready behave well also. He enjoys with friends and go for outing in every week. But he never allows me to go with him. Am stuck over here. Am feddup with him and don't want to stay with him more and spoil my life. I am independent and can take care of myself and my kid. Please help me and advisers get out of this problem
Asked 3 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
wedding photographs and wedding invitation card is sufficient to prove marriage 

2) non registration does not affect validity of marriage 

3) you can file for divorce on grounds of mental cruelty

4) seek maintenance for your child 

5) since you are working and highly qualified you may not get maintenance if there is not much disparity in your income 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
you should contact a local lawyer and based on his advice proceed further in the matter . 

2) you can issue notice to your husband for divorce by mutual consent

3) if husband does not agree file for divorce  on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) You can certainly file for divorce on grounds of cruelty, mental and physical.

2) If he is not agreeable for a divorce by mutual consent, you have to unilaterally file for it and get the summons served on him.

3) As you have a small child as well in this marriage, you may consider going to a marriage cousellor, if you think there is a possibility of saving this marriage.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) It is unfortunate that your family is unable to understand or support you in your decision. It could be because of societal compulsion and fear or what others would think.

2) However, if you have made up your mind, you must go ahead and engage a lawyer to chalk out plans and assist you with filing a petition for divorce in the court.

3) Your not having a marriage certificate or your marriage being not registered is not a hindrance to file the petition.If you wish you can consult me for further guidance through Kaanoon.com
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Disputes in a family life are common, but in your case it seems exceeds limit. rather than going to divorce directly better to chose family counselling or mediation center and there may be chances of your husband and his mother change their behavior and attitude.  If still they won't than you can file divorce case on the ground of mental and physical cruelty and humanization mating to you. There may be some practical problems after divorce and it can be adversely effect on yours and your child. Support of your maternal family is must for you. Try to convenience your parents before getting divorce. Registration of marriage and getting a marriage certificate are not compulsory. But divorce is compulsory in Hindu marriages. You can file divorce on the basis of wedding invitation card, marriage photos. id and residence proofs.  You have to file a divorce petition under section 13 of the Hindu Marriage Act before your jurisdictional family/ district court by stating all facts and harassment mating to you by your husband and his mother. 
Lakshmi Kanth
Advocate, Hyderabad
224 Answers
2 Consultations
4.8 on 5.0
1. You are free to file for dissolution of marriage on the ground of cruelty. You do not require the support of your family to stand on your feet in the court. 

2. The absence of registration of marriage does not make the marriage illegal. 

3. You can also claim maintenance for yourself and your child. 
Ashish Davessar
Advocate, Jaipur
18160 Answers
449 Consultations
5.0 on 5.0
Dear Nikita
My opinion on your queries are as under:
You can file a divorce Case against him before the family court on the ground of cruelty under section 12(1)(ia) of Hindu marriage act1955
Apart from this you may file domestic violence case against them before magistrate court and claim protection, right to residence, maintenance, child custody and compensation under section 18,19,20,21&22 of protection of women from domestic violence act 2005.

You may also file a maintenance case against him and claim maintenance for your child under section 125 of Cr.P.C.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Under the given circumstances you have no option than to live away from him and if you have decided to dissolve your marriage by a decree of divorce, why wait for his consent or permission.

You can very well go ahead with a contested divorce agaisnt him.

Let the case go on for years, but without initiating any legal process you cannot get peace in your life.

So better decide fast but properly.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Please tell me what if my family is not with me to support me.. My family is also against my decision I have to take this alone and my marriege is not registered any where like we have not yet applied for married certificate. Please tell me what will be process to get divorce from him

Since you are independent and can stand on your own legs and matured enough to decide about your life and future, yo need not take permission from your parents on this.
They may be worried about he social stigma but they are not the people who suffer the humiliations.
You may not pay any heed to their decision on this, yo can proceed with the contested divorce if you have decided to get rid of him and his tortures cum humiliation. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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