Dear Client

You are advised to file a DV case . You need to file a written application to the Women's Protection Officer at District Collector Office.The Officer will call you husband and othe relatives for counselling. I am available at Hyderabad, you may contact me through the admin for legal assistance.

You give him a family counselling and try to to convince him if not working involve elderly persons to negotiate only last take a move legally by filing DV case and residence permission and for maintainence.

Hi, filling a petition in court will not help you, better go for a family counseling so that you issue may be resolved.

1) you can file for divorce on grounds of mental cruelty . using of abusive language amounts to mental cruelty

2) if your husband is stubborn it is doubtful he would agree to visit a family counsellor

3) once you file for divorce case would be referred to counselling .

4) if you dont want divorce file DV case and seek alternative accommodation , maintenance and other releifs

1. Before taking any step to terminate your 15 years long matrimonial relationship, please keep in mind that Divorce is the 2nd most stressful event in one's life',

2. His habit of being indifferent to you or shouting at you at times may change with the passage of time but once you file a case against him, it will be difficult for you to get back even your present position,

3. So, think several times and if you still decide to take action against him then,

a) Collect evidence of his cruel behaviour against you by audio/video recording,

b) Make sure you shall be able to pull on without the presence of your husband and make arrangements accordingly,

c) After making the said arrangement ask your husband for mutual consent divorce with compensation since you shall have to pull on for rest of your life with your children whose maintenance is his responsibility,

d) If he does not agree then file a Divorce Case on the ground of cruelty being supported by the evidence you have already been adivised above to collect. Your matter will be sent for councelling,

e) If you do not mind little more harsh treatment on him, you can file DV case and ask for maintenance and seperate accomodation for you and your kids,

In this situation you should make a complaint to a protection officer or approach to Mahila Thana for mediation. After mediation if your husband reluctant to take care of his family then go further and file a complaint in Judicial Magistrate Court either under Cr.P.C. sec 125 or under domestic violence act (DV act). You can approach to the protection officer for move your application in court. Under DV act you have right to get monetary relief and separate accommodation.

Filing divorce at this stage may cause fatal for you, if you compel your husband to perform his duties by the process of law.

Dear Querist

first of try to settle the matter with the help of family members and relatives if not possible then contact a family counselor or a lawyer (family law expert) and consult with your husband.

if there is any psychiatric problems then contact psychiatrists

If all the above option got failed then you may file a domestic violence case, divorce case or maintenance case against him before court of law and in any case you may approach to court for counselling.

First visit a family counselor and try resolving your issues. If you have decided to part ways and are looking for a Divorce, then you file divorce petition on ground of mental cruelty under Section 13(1)(i)(a) of the Hindu Marriage Act 1955(assuimg you are a Hindu).You shall be liable to get alimony / maintenance from your husband under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings. The Court shall decide the maintenance based on the facts and circumstances.

In addition to above , you may also file criminal complaint under DV act.

You can approach court of jurisdiction for maintenance and separate accommodation. You may opt for judicial separation with maintenance. If you wish you may file divorce suit on cruelity

1. Abusing your spouse amounts to infliction of mental cruelty which is a ground of divorce under the Indian law. Hence, you can apply for divorce on this ground.

2. The above being said, to obtain divorce you would need proof of him hurling abuses at you. Proof can be in the nature of audio/video recordings. So start collecting the proof now if you wish to apply for divorce as no court would grant divorce without insurmountable proof being produced.

3. One legal remedy to put an end to the mental cruelty suffered by you, without going for divorce, is to file a case for domestic violence in the court whereupon the court can order your husband to refrain from subjecting you to domestic violence. If the court order is violated by your husband then he can be jailed.

4. Alternatively, you may move to court and seek separate accommodation at the expenditure of your husband in addition to seeking maintenance for yourself and your children.