• Want divorce from my husband but he is denying to give

Sir/Mam
I had married to my paternal aunt's son in 2012 and my father gave 10 lakhs as dowry for which we don't have any proof. Initially himself and his family used to behave good towards me. After few months he started abusing me and my family for everything started asking for additional dowry. After few days i couldn't tolerate the mental torture caused by him and came back to my parents house and said to my parents i couldn't live with him anymore.Few days later He came to my parents along with some relatives and started acting that i have changed now,i realized importance of her and i will no more ask for any dowry or say anything to her,listening to which my parents sent me along with him. After going to his home i have faced more harrasment than earlier., few days later i again came back to my parents and after few days he too came with the same realtives and again pretended as earlier. For second time my parents didn't listened to me and again sent to his home., This happened N number of times in the passed 5 years. In 2016 My father gave additional 11 lakhs to him as he was asking for additional dowry. He spent that for his personal enjoyments and said i had invested in a business and got losses.
Now i again cameback to my parents 6 months ago and i feel it is better to die rather than going to him. He never treated me as wife., he many times said i married you just for the cause of dowry.
He called me today and said i will not be giving you divorce you don't have any other option whether you should live with me or else you should stay alone like you are doing for the past 6 months.
Even my father is not interested in asking and supporting me for divorce as he was thinking much about what do people say in society if my daughter is divorced.
I want to know how can i get divorce from him as he is not agreeing to give mutually and i no more want live with him we don'thave any children so no issue for children custody also.
Thank you.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

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

2)husband harassing wife for dowry amounts to mental cruelty

3)husband abusing wife amounts to mental cruelty

4) you can also file police complaint against husband for dowry harassment under section 406, 498A of IPC

5) also file DV case against husband seek protection order , maintenance , compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

Hello,

You can file a petition for divorce under section 13 of the Hindu Marriage Act on the ground of cruelity,, the word cruelty has been defined by the Hon'ble Apex Court time and again and it does involve the situation you are going through. To give you a little more insight on this I would like to tell you that Under section 19 of the Hindu Marriage Act 1955 divorce can be filed before a District Court within the local limits of whose original civil jurisdiction the marriage took place, respondent at the time of presenting the petition resides, or the parties last resided together or where petitioner is residing while presenting the petition but respondent resides outside the territory to which the act extends.

You can claim a certain amount of alimony also.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

There is no problem even if he is not agreeing for divorce on mutual consent.

You can file a divorce case on the grounds of mental and physical cruelties.

You first convince your father about the plights and cruelties you suffered in their home by asking your other elders to inform your father about this.

The villagers or others will not come to your rescue once you return to your in laws again on compulsion by them.

Your father will end up in huge debts if he is supporting your husband for all his exorbitant demands.

You may take the help of any willing relative to approach police for criminal complaint on dowry demand and cruelties meted out by them including filing a DV case.

The criminal complaints and the cases agaisnt them would make them to come for negotiations for mutual consent divorce or you can file a contested divorce case by yourself.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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