Hello,

I would request you to elaborate the factual situation.

Divorce can be filed by you under the Hindu Marriage Act and the same takes around 1-2 years.

Also if your husband agrees then you may file a Mutual Consent Divorce.

You may contact me for further discussion or may tell the facts in detail.

Regards

Hi Ashwini

If you have decided to opt out of the marriage then file the divorce petition under section 13(1) HMA Act. Or if your husband also convinces for divorce then file a petition of divorce by mutual consent under section 13B of HMA Act.

Hope this is helpful.

Feel free to call.

1) file for divorce on grounds of mental cruelty

2) if husband agrees file for divorce by mutual consent

3) mutual consent divorce takes 6 months

4) contested divorce proceedings takes 5 years

If your husband is also ready for divorce, you may file for a divorce by mutual consent. This would be fast and least cumbersome.

If he is not ready for divorce by mutual consent, file a divorce on the ground of cruelty since you are suffering torture at the hands of your husband and contest the same against your husband. .

Well,to get speedy divorce mutual divorce is most efficacious method.

So first propsoe himto get mutual divorce.

If he does not agree then file contested divorce suit which takes time.

For the tortures you can consider filing case u/s498A ipc . For maintenance you can file case under PWDV Act

It usually seen in love marriage that what couple likes in his/her partner well, before marriage, is felt hell after marriage.

Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands.

The first step that you should take is to contact the protection officer of your area, who can safeguard you. You should immediately inform the police about it, so that if in future he takes such extreme steps, the law protectors already knew about it.

You can also present an application to the magistrate under section 12 of The Protection of Women from the Domestic Violence act, 2005. The magistrate will dispose off the matter within 60 days of the first hearing and also appoint a protection officer.

Plus file a case under section 489a of Indian penal Code.

[1] Section 3 of the Domestic Violence Act, 2005 states that what constitutes domestic violence according to which domestic violence shall include: -

(a) Threats to health, safety, life etc, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property or valuable security; or

(c) Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.

At last i just want to say that you should not give up and you should not allow the problem to defeat you.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Hi, If you want to divorce then you have to file petition for divorce on the ground of cruelty against your husband and if you able to prove the allegation in the court then you will get the divorce.

2. Secondly, If the both the parties agreed for the divorce then both of you file the petition under section 13/B of the Hindu Marriage act i.e Divorce by mutual consent and this one is easier way and you will get divorce with in 6 to 8 months.

If you want to apart from him simply you can take divorce . If he is ready and want to give divorce you can file a petition under sec 13-B of HMA and if he denies you can file under 13-A of HMA . And you have several option available such as 498-A of IPC, 125 of Crpc and lot of others ..When he will fell the pressure of law agency he will be on his toes ..

Thanku

File a Divorce petition under appropriate Act as it is not clear from your query that whether both are from which religion, a complaint under Domestic Violence Act and also make complaint under Section 498A of IPC

Hello Mrs. Ashwini

First of all you have not mention that how long you have separated from your husband. However, if you are separated from your husband for last one year then you can file Divorce Petition Under Section 13 (i-a) of Hindu Marriage act on the ground of cruelties before the competent court of Jurisdiction. Further you have also not stated that out of the said marriage if there is any issue out of the said wedlock.

A part from the said Petition you can also file Domestic Violence Complaint case under section 12 as amended up to date against your husband and other family members who has caused at most cruelties upon you.

Regard. G.L.Soni

You can file Divorce Petition against your Husband under the ground of cruelty. Simultaneously you have to file Domestic Violence Case and Maintenance case. You can also ask permanent Alimony depending upon the Income of your Husband. May be between 2 laksh to 5 lakhs or more.

First of all try to settled the matter amicably and go for mutual consent divorce under section 13(B)HMA

Otherwise file divorce case against him before family court based on cruelty under section 13(1)(ia) Hindu marriage act

The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc.

Major Grounds for Divorce - matrimonial offences.

Adultery

Deserting the spouse for two or more years

Physical or mental cruelty

Conversion to another religion in case of religious marriage

Incurable disease such as leprosy, venereal disease in a communicable form

Insanity, unsound mind or mental disorder

Renounced the world by entering any religious order in case of religious marriage

Unheard of as being living for a period of seven years or more

Humiliating of one spouse by another in presence of others does amount to cruelty. Matrimonial life is for homogeneity and companionship. A wife has the right to live her life with dignity and to have the same lifestyle that her husband’s and in-laws have. She also has the right to be free of mental and physical torture. A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards. A Hindu husband cannot have an affair or marry another girl unless he is legally divorced

Court Procedure

1. Hire a lawyer and provide him with all the relevant details

2. Lawyer files a petition in court

3. The court will send a copy of the petition to your spouse

4. The spouse could contest or agree to the divorce. If he/she contests it then the length of the process would depend on the facts of the case.

5. In case of mutual consent the spouses need to prove that they have been staying apart for more than a year

6. Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce

7. In case the petitioners don't withdraw the petition the court grants the decree to divorce

Meet a local lawyer.

Hello Ms Ashwini. Involve your family to resolve the issues and get out of it peacefully however if the husband and his family do not agree for peaceful resolution then you have plenty of options to proceed against them in the courts of law. You can file case for torture harassment and for other matrimonial offences against them and I think that they will resolve after filing of these cases. You can file cases for maintenance also which he will be liable to pay to you.

You can file the divorce petition on the ground of mental cruetly. This will take some longer time which depends on the merits of the case.

On the other hand you can file the mutual consent divorce which will be completed within 1 year that is shortest and fastest way.

If you are not able to tolerate the tortures and the cruelties meted out to you, a decision can be taken by talking to him for mutual consent divorce.

If he is not agreeing for it, you may seek divorce on the grounds of mental cruelty narrating all those cruel incidents in the pleadings for divorce.

Better option for you is file domestic violence case against all or file Complaint before local police station (women cell)