• Seeking help to dissolve marriage

Respected Sir..Please help! i have been married for 3.5 years. Sir right now i really want to be seperate from my husband I have been hurt for too long. I'm not seeing any hope or any security in our relationship. Even I'm not feeling Safe with my Abusive husband. I am a Victim of domestic violence and filed a Complaint Against My Husband and in laws in June 2016 at Mahila Police Thana MP. I am Suffering from Mental, Financial and Physical Harrasment Given By My Husband and his mother 
 many times I got blood and swelling on my face and body. When I discussed about it and showed my injured photographs to my in-laws ,they did not take any action and mother in law said- that u are useless girl and you deserve the same treatment. It is not my son's fault .you are creating only drama.Right now I am at my parents place at from last 3 month.

I want to file Divorce in the ground of Physical Torture/Domestic violence and cruelty. and want to live happy life as soon as possible.But husband refusing all the allegation and denying divorce by saying he would not give divorce and will ruin my life. I have some injured pics of mine which i sent to my in-laws as a proof.

Sir Kindly suggest what If my husband denies to give me divorce or deny all allegation? We both own a Flat/house jointly, and we have NO KIDS
i can't see a way out of the situation and would be so grateful for any suggestions. thank you..
Asked 8 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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5 Answers

1. Since your husband is refusing to come on board for mutual consent divorce the only legal option for you is to file for contested divorce on the ground of physical and mental cruelty which you will have to prove in the court.

2. Medical documents which can prove your injury when led in evidence in synchronisation with photographs and your statement may ordinarily be sufficient for you to obtain a decree of divorce but you should be prepared to spend around 2 years in the court as contested divorce cases take long to be decided by the courts in India,

3. The maximum your husband may do is to contest your case on receipt of summons.

4. You can also compensation for the domestic violence suffered by you.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) you can rely upon police complaint filed by you against your husband regarding continuous acts of cruelty

3) you have to prove allegations made in your complaint

4) if you are able to prove allegations made in petition you would get divorce decree

Ajay Sethi
Advocate, Mumbai
96220 Answers
7746 Consultations

5.0 on 5.0

If your husband denies divorce then mutual divorce is not possible but that does not mean that you would not get divorce at all.

In that event you have to file contested divorce suit which though would take sometime.

If you have to no source of income then file case of maintenance ,house rent and damages under PWDV Act case.

File case u/s 498A, 323, 406 IPC as well.

Do not let this tormentor go scot free.

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

File divorce case against him before family court under section 13(1)(ia) of Hindu marriage act and prove your case as he committed cruelty against you, the court may pass an order of divorce in your favour.

Immediately file a complaint before magistrate against them for domestic violence under section 18,19,20,22&23 of Protection of women from domestic violence act 2005 and claim protection, right to residence, monetary relief, and compensation.

File a maintenance case against him under section 125 of Cr.P.C. and claim maintenance.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You can file a contested divorce on the grounds of cruelty both physical and mental.

Let him deny the divorce allegations, you can properly prosecute him.

Besides divorce, case you can file a dowry harassment complaint with the police and also you can file a maintenance case under section 125 cr.pc. seeking maintenance from him.

You can file a partition suit also seeking partition and separate possession of your share in the property.

T Kalaiselvan
Advocate, Vellore
86419 Answers
2296 Consultations

5.0 on 5.0

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