• Divorce

Hi Husband is a drug addict, he has already been to rehab once and now again he is into drugs. He was abusing and beating me daily so i had taken him to police and they did NCR and asked him to leave home with things.

I got to know from someone, that he is now behaving as psycho and his family is planing to send him to rehab again. if he goes to rehab again is it still possible for me to get the divorce.

Thanks
Asked 6 months ago in Family Law from Bangalore, Karnataka
Religion: Christian
you can file for divorce on grounds of mental cruelty

2) since you husband abuses you and assaulted you case of mental cruelty is made out 

3) you cna get divorce decree even if he has gone in for rehab

Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
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Dear concerned 

Yes if your husband goes to rehab again it becomes more of a reason for you to get a divorce.  Don't worry go ahead and do write all the facts on his drug addiction in your petition. 

Best of luck 
Atulay Nehra
Advocate, Noida
679 Answers
20 Consultations
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1. Law does not bar a torturing husband 'who is now behaving as psycho and whose family is planing to send him to rehab again' from being divorced with due process of law.

2. File the divorce suit and send him the notice as per law.

3. If he fails or refuses to appear, divorce decree will be passed against him ex-parte.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
1. If he fails or neglects to appear before the Court during the hearings of the divorce case filed by you then the said case will be decided ex-parte by he Court.

2. If he is found missing while receiving the Summons/Notice issued byb the Court, you shall have to publish the said Summons/Notice in two local Newspapers and if he still refuses to attend the hearings, the matter will be decided ex-parte by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
13602 Answers
292 Consultations
5.0 on 5.0
The tortures resulting out of alcoholism is a metal cruelty and if you could prove his tortures to you then divorce will be granted.
However do note that mere addiction to alcholol and drugs without any instances of tortures to you is no ground for divorce.
Devajyoti Barman
Advocate, Kolkata
6913 Answers
78 Consultations
4.9 on 5.0
1) once summons have been served to husband and he does not attend court you would get exparte divorce decree 

2) if summons could not be served as he has gone missing apply for substituted service by paper publication in 2 local newspapers 

3) only contested divorce cases take 5 years or so 

4) if husband is unemployed he may seek maintenance form you . if he is eductaed he can easily work and stand on his feet
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
5.0 on 5.0
Hello, 

WHY ARE you sending a legal notice of Divorce ??? Why do you want to alert your husband or his family ? 

Straight away file a divorce on the the grounds you have . 

Answer to your concerns

1. if he goes missing and does not come to court - court will any way decide the case ex party in a year or two 
2. No - why should you pay for managing his habit of drugs .......no need to pay alimony
3. Ha ---- "cat is protecting the milk" - just tell them that you have filed divorce as you can not stay with him ...do it only after you have filed the divorce. 

Best of Luck ...Stay Blessed. 
 




Atulay Nehra
Advocate, Noida
679 Answers
20 Consultations
4.7 on 5.0
I got to know from someone, that he is now behaving as psycho and his family is planing to send him to rehab again. if he goes to rehab again is it still possible for me to get the divorce.

He is a drug addict only and not a mentally affected person against whom you may have restriction to file divorce case.
You can very well apply for dissolution of your marriage with him for the same reason i.e., drug addiction and mental tortures and cruelties.  
The divorce case may drag on for years but that will be the only solution to you to get relieved from all his tortures against you.
T Kalaiselvan
Advocate, Vellore
17525 Answers
165 Consultations
5.0 on 5.0
1. You may apply for dissolution of marriage on the ground of adultery. His rehab reports and police complaint filed by  you are ordinarily sufficient for you to succeed. Video and telephonic recordings will be icing on the cake.

2. If he does not accept summons or appears in the court the court will eventually pass an ex parte decree.

3. You are not liable to give alimony to him.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0

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