How to get divorce from husband who is alcoholic & drug addict

599 votes

The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;

“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.

On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce.

Other Grounds For Divorce:

Apart from the cruelty there are several other bases for divorce on which one can claim divorce and some of those are as follows;
Adultery
Desertion
Conversion
Entering new religion
Unsoundness of mind etc.
Insted of filling divorce first ask for maintenance under section 125 crpc.

Advocate Manish Kumar Pandey LawRato

821 votes

Please let me know when did you got married.and do you have any evidence of your husband extra marital relationship evidence.for filling a divorce under section 13 hindu martiage act we need to show cruelty done by your husband to you.we can send notice to your husband for divorce

Advocate Vibhor Maheshwari LawRato

686 votes

No need to sending notice . You can file the divorce petition in the family court u/s 13 (1) (a) hindu marriage act on the basis of cruelty by him.or file the petition u/s 12 of domestic violence act for protection by his cruelty

Advocate Neeraj Aggarwal LawRato

713 votes

Hello regarding your inquiry about divorce , you can file a divorce petition in family court on the basis of cruelty. You can also claim maintenance from your husband during pendency of case. Plz contact me

Advocate Vibhore Goyal LawRato