My husband turned out to be a drunkard and his social behavior lacks sobriety. He picks up fights with almost every one for petty reasons. He is also having an affair with a colleague of his. After putting up for 6 months, I have returned to my mother's place. Can someone please tell me how soon can I file for a divorce? My jewelry, some cash, clothing, etc, are still in Baroda (husband's place). My relatives are willing to get my stuff, but knowing my husband, I am concerned about their safety. Please suggest what I should do. It has been 3 weeks since I came to my mother's place, and I have not told my husband that I have decided to file a divorce. If I do call him, then I am concerned about mine and my mother's safety. Please provide detailed advice.
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1) return to your matrimonial home with your relatives collect your jewellery and other personal items
2) you can file for divorce on expiry of one year of marriage
3) you can file DV case seek maintenance, alternative accommodation,protection order against husband
1. if date of your marriage has passed one year you can file suit for divorce on the ground of cruelty and adultery.
2. If you have no source of income you can file case for maintenance under PWDV Act also.
3. Howeevr you can talk to him in private and try to sort this out amicably. For his one mistake of adultery you may consider condoning him , more so, if he is repentant and is ready to reform himself.
Good luck.
Should I consider taking police help to ensure my relatives' safety when they go to get my personal belongings?
not necessary to approach police station at this stage
2) in case your husband refuses to permit you to collect your belongings then file police complaint under section 406 of IPC for criminal breach of trust against your husband
If you have decided to file divorce then you may have to :
1. wait for completion of one year for filing divorce on the contested grounds;
2. you can look for divorce on the grounds of mutual consent;
3. If mutual consent divorce is not possible you may file a divorce on the grounds of mental cruelty
4. you have to gather evidence for mental cruelty or at least to create grounds by narrating the acts of cruelty chronologically
5. Arrange to collect your articles and jewels by yourself, if you apprehend your husband to turn away your relatives or insult them if they approach him for this, alternately you may lodge a police complaint under section 406 IPC
Should I consider taking police help to ensure my relatives' safety when they go to get my personal belongings?
If they apprehend any danger, they take the assistance or help from police in this regard
Yes you can approach the local police station within whose jurisdiction your husband is living to ensure your safety.Though it will be a matter of request.
Regards
