Thank you for reaching out. I understand how difficult and overwhelming this situation must be for you. Based on the issues you have described, I can guide you on the legal options available to protect yourself and to proceed with a divorce. Here is how you can approach this situation:

Legal Steps You Can Take:

1. Counseling and Reconciliation (Optional):

• Before filing for divorce, you may choose to try marital counseling through a mediator or family court to address the misunderstandings. If this doesn’t work, you can proceed with legal remedies.

• Cruelty: Physical, emotional, or mental harassment is a valid ground for divorce under the Hindu Marriage Act, 1955 or relevant laws applicable to your religion.
• Other Grounds (if applicable): Such as non-cohabitation or desertion.

• If you face physical, emotional, or sexual abuse, you can file a complaint under the Protection of Women from Domestic Violence Act, 2005. You can seek:

• Protection orders to stop the abuse.
• Maintenance or financial relief during and after the divorce.

• You are entitled to seek financial support from your husband under Section 125 of the Criminal Procedure Code (CrPC) or through the divorce proceedings.

• If you have children, the court will consider the child’s best interests while deciding custody.

Steps to Initiate Divorce:

1. Consultation with an Advocate:
   You will need an experienced family lawyer to guide you through the legal formalities, draft the divorce petition, and represent you in court.
2. Document Your Case:
   Even if you don’t have written proof, you can build a strong case with the following:

• A written timeline of incidents where you were harassed.
• Testimony of family members, friends, or anyone aware of the situation.
• Medical records (if there was physical harm).

• Your advocate will draft the petition detailing the reasons for seeking divorce and any additional requests (such as maintenance or protection orders).

• The petition must be filed in the family court with jurisdiction over your residence or where your marriage was solemnized.

Questions for You:

To help you better, I would need more details about your situation:

1. Marriage Details:

• When and where was the marriage solemnized?
• Is it a love marriage or an arranged marriage?

• Do you have any children? If yes, what are their ages, and are you their primary caretaker?

• Are you financially independent, or do you rely on your husband for support?

• Are your family or relatives aware of the harassment? Are they supportive or willing to assist you?

• Do you have any evidence of the abuse (such as messages, emails, or medical records)?

• Are you currently living with your husband? If yes, would you like to seek alternate accommodation?

Why You Need a Lawyer:

Divorce and domestic violence cases can be complex and emotionally taxing. An experienced advocate can:

• Draft a strong petition based on your specific circumstances.
• Help secure protection orders if you fear harm.
• Ensure you receive adequate maintenance or alimony.
• Protect your rights in custody disputes (if any).

I recommend scheduling a meeting with me at the earliest. This will allow us to discuss your case in detail, review all the facts, and decide the best course of action. I will ensure your case is handled professionally and with the utmost confidentiality.

People who have crooked minds are very talkative and entertaining. Sexual violence is a criminal offense, regardless of whether the victim and offender are married or in a relationship (Section 177). It is sufficient for criminal liability that the offender, against a person's will, performs sexual acts on that person or has that person perform sexual acts on them. The use of force or threats is not a prerequisite for criminal liability, but it increases the penalty. German Criminal Code Section 223 and 224 penalises use of violence against wife with imprisonment  from six months to ten years. You can also use Indian law against him if he is or you are Indian national.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

1. Under Domestic Violence Act, 2005—

1.You, any relative or friend on your behalf or an Advocate  engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…

1. Protection order prohibiting husband from—
2. committing any act of domestic violence;
3. entering the place of your employment;

iii. attempting to communicating with you;

1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
3. Monetary reliefs:
4. To meet the expensed incurred and losses suffered as a result of domestic violence;
5. Loss of earnings;

iii. Medical expenses;

1. Maintenance for wife and children;
2. Lump sum payment.
3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
5. 
   Code of Criminal Procedure, 1973, Section 125/B.N.S.S. 2023 Section 144: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
6. 
   Indian Penal Code, 1860: You can file criminal case under Section 498A/ BNS, Section 85, if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

If the situation is intolerable you can decide about quitting the married life with him.

You can file a contested divorce case on the grounds of cruelty.

You cannot have evidence for the events took place within four walls.

You may narrate the events of cruelty chronologically in your pleadings and fight your divorce case accordingly.

It’s better you take mutual consent divorce but if he is not ready then filing contested divorce is only option 

File for divorce on grounds of cruelty under provisions of dissolution of Muslim marriages act in city where you got married or resided together 

seek maintenance from your husband 

These are the grounds of divorce for which you will have to file a suit in the court where you reside.

If you do not have any source of maintenance you can file a case for maintenance as well.

Your oral evidence is enough to get the decree of divorce.

understand the challenges you're facing, and I'm here to guide you. If you wish to file for divorce, you can pursue it on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, if applicable. Cruelty includes mental and physical harassment, including sexual harassment. While you may not have documented proof, your oral testimony and witnesses can support your case. Start by consulting a lawyer to draft a legal notice to your husband as a formal step towards divorce. Additionally, you can file a complaint under the Domestic Violence Act, 2005, to seek protection and other reliefs, including maintenance if needed. If you're facing immediate threats, approach the nearest police station or a women's helpline for assistance. It's important to gather strength, seek support from trusted individuals, and rely on legal remedies to protect your rights and ensure a safe future.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Hello Mam,

Just Gone through the Contents of Your email posted herein this site. I request you kindly brief the matter regarding what kinds of sexual harassment caused by your husband to you. Secondly, if the marriage is last for about 4 years for which I would like to advice your husband desperately needs marriage counselling. I dont want that you both should break up your marriage on petty issue. We can resole each and every dispute and marital differences between the spouse.

As so far as my advice is concern if these following this are going on or happening in your day to day marriage life then it will difficult to survive marriage, otherwise we can save the marriage by giving counselling both of you.

1. If either of spouse having excessive interference by the Parents  both the side, then the marriage will not be survive at all.

2. If either of the spouse having extra marital relationship even after the marriage then marriage will not be survive

3. If either of spouse having medical problems which mean either husband impotent  or wife impotent then the marriage will not be survive, 

Except above reason i would advice that by giving counselling the marriage will work happily.

Regard

G.L.Soni & associates

G.L.Soni

Advocate

1. Document Harassment: Keep a record of incidents with dates and details. Save any communication that shows harassment.

2. File a Complaint: Approach the police or women’s cell under Section 498A IPC (cruelty) or the Domestic Violence Act, 2005.

3. Divorce Filing: File for divorce on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act or relevant laws based on your religion.

4. Seek Support: Contact a women’s helpline, NGO, or a family lawyer for legal and emotional support.

5. Financial Independence: Start planning for your financial independence if you’re not already self-reliant.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

- Your written submissions are showing that you are subjected to cruelty from your husband 

- Hence, you should know, that legally you are having following right  :-

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance, you can file a petition under section 125 CrPc.

- Your husband is under legal obligation to provide the same to you at any cost, even he is working or not. 

1. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming your residential right, medical expenses etc, and also for teaching a lesson to the family members of your husband, who subjected you torture & harassment, you can file a petition under the provisions of Domestic Violence Act.

1. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- You can lodge a written complaint against your husband, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile the dispute; otherwise, they will lodge an FIR against all the person, who subjected you cruelty. .

- Hence, you can file a complaint  before the Judicial Magistrate under the provision of DV Act , and there you can even settle the dispute with him. 

- Further, if you both are residing abroad then you can file a contested divorce case in Germany as well.