File for divorce on grounds of mental cruelty 

2) seek interim maintenance and alimony from husband 

3) you have to prove allegations made in divorce petition 

4) you can rely upon statement of witnesses , messages exchanged with husband , audio recordings if any to prove the allegations made by you 

Talk to your husband and settle all issues like maintenance, marriage of daughter etc and opt for divorce by mutual consent which is speedy one. 

- 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. .

- If your husband denies divorce , then you should file the above mentioned cases against him , then he will himself pray you to forgive him , and the cases will not finish until you will decide for the same. 

- Further, if you don't want to trouble him then you can file divorce petition on the ground of cruelty. 

You can contact me , if further suggestion needed. 

It is never too late. You have valid and great reason for seeking and obtaining divorce. Any sort of physical and mental harassment/cruelty is not committed under the  gaze of CCTV  and in front of witnesses. In cases of divorce on the  ground of cruelty it can be physical, mental, economic, social, sexual etc. it is the  only the  sufferer who can testify. What happens in privacy of bedroom is known only to the  sufferer. If your evidence  is full proof and unwavering, that is sufficient. Court do not expected the  victim to produce the affidavit of tormenter.

Section 13 of Hindu Marriage Act, 1955  provides for divorce on following  grounds like..

1. Having sex outside marriage, having girl/boy friend amounts to having sex outside marriage.
2. Desertion (neglecting husband/wife) for two years,
3. Cruelty, it can be physical or mental direct or indirect. You can file divorce on this ground.

Contact local lawyer and engage him it take 1 – 2 years for divorce case.                     

Document required…                                                                                                                   

1. Aadhar card
2. Proof residence.
3. Proof age of both.
4. Passport photographs of both.
5. Proof of marriage, invitation card.
6. Marriage photograph with both.
7.  
8. Divorce petition.
9. No second marriage till you get divorce.

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

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

• 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;

• 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: 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 if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
8. 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.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
2. Restrain him from house transferring as the same belongs to you son/daughter.

• As daughter will be crossing 18 years, she is entitled to decide with whom she wants to reside.

You can file a contested divorce case on the grounds of mental cruelty if he is not agreeing for mutual consent divorce.

You may compile the incidents from the beginning describing the acts of cruelty in a chronological order, add them as your pleadings in the divorce petition and argue based on the acts of cruelty you were made to suffer.

However, you may please note that the court generally don't consider the trivial issues between both as acts of cruelty hence you may collect evidence wherever possible to substantiate your grounds and claim made in this regard.

As you have mentioned, your husband's behaviour causes you physical and mental suffering. It is a valid ground for divorce. In your petition you may also plead that your matrimony has suffered irretrievable breakdown. Please engage a competent lawyer and file for divorce on these grounds.

1. Physical and mental torture , if proved in the court of law are good grounds of divorce.

2. The life span of marriage is no consideration for grant of divorce.

3. Therefore, you can meet an advocate and share with all facts which would help him to draft a divorce petition.

1. First of all rethink about your decision to go for divorce considering the consequences you are expected to face thereafter.

2. If you still decide to go for divorce, start collecting evidence of his abuses and other cruel acts by audio/video recording the incidences secretly.

3. Thereafter file a divorce suit on the ground of cruelty filing evidence in support of your allegation.

4. If you are unemployed, you can seek maintenance also from your husband  and file an application to that effect.

How to Get Divorce After 18 Years of Marriage (India)

1. Grounds for Divorce (valid under Hindu Marriage Act):

   • Mental & physical cruelty

   • Adultery (even without proof, his confession matters)

2. File Contested Divorce

   • Approach a divorce lawyer

   • File in Family Court if your husband won’t agree to mutual divorce

3. What You Can Ask For

   • Maintenance/alimony

   • Protection from domestic violence

   • Custody or visitation rights for your daughter (if needed)

4. Evidence (if possible)

   • Injury reports, messages, witness accounts, your own statement

💡 You Deserve Peace

Your trauma is valid. The law supports your right to live with dignity.

Yes you can seek mutual divorce and alimony you can also file DV case against him and in-laws if any who subjected you in domestic violence 

Madam,

Though it may seem not legal. But, first of all you are suggested to gather courage, have faith in God and then start regain/redevelop yourself as per the choice of your heart. There are many in this world, you live lives like your present and they don't gather courage to understand as to what they are. Start writing diaries, introspecting yourself as to what will be the better step. If at any point of time, it come in your mind to give a chance to that person and spend rest of the life together with him, don't hesitate to see a marriage counsellor. If your heart says to move out of the marriage, never hesitate to proceed and start stopping/countering/objecting his bad habits. if not amened by him, make them a reason to move out. GOD is there for everyone and in all the circumstances, truth wins. 

Dear client,

You have a very strong reason for filing for divorce under section 13(1)(i) & (ia) on the grounds of adultery and cruelty. There are various steps that are given below to be followed for starting the divorce case:

1. Start gathering the evidence in case you are finding it difficult to prove the adultery; then you can try to gather evidence for cruelty by recording his verbal abuses and other physical harms.

2. Start consulting a lawyer that will help you draft a strong divorce petition that is based upon the cruelty and file a suit in family court for the divorce on the grounds of contested divorce on the grounds of cruelty and adultery.

3. You can demand the interim relief by filing for interim maintenance under section 24 of the Hindu Marriage Act or for domestic violence compensation under the Protection of Women from Domestic Violence Act, 2005.

4. Or the second thing that you can do is file a mutual consent divorce under section 13B of the Hindu Marriage Act if he agrees to do so.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

Hello,

Send him a divorce notice through a lawyer, proposing a mutual divorce. Through this notice, at least things will be stirred and some communication on divorce front commence. I case your husband isn’t agreeable for mutual divorce, approach the Family Court and contest a divorce vase against him on the grounds of cruelty.