How to get divorce from irresponsible husband? Bad home environment.
My husband has been abusive since the first day of my marriage and I have been mentally stressed ever since. He does not even give proper expenses for the household maintenance and does not take any responsibility.
I am 49 years old now and have 2 sons aged 25 years and 19 years, and their life and studies are also impacted due to the environment at home.
I want a Divorce now and my sons are also of the same opinion and support me for the decision. How should I proceed?
We are sorry for the kind of hardships you have suffered for such a long period of time. However, it is a good thing that your sons have been supporing you and your decision.
Once you have decided and are very sure to part ways, as seems to be the case after going through your long standing struggle and hardships borne by you, the easiest and the quickest way is to file for a Divorce by mutual consent wherein both the parties are equally willing and give their consent to the Divorce petition. The process involves a simple petition and the Divorce is granted after 6 months under ideal circumstances.
However, we feel that your husband might not be willing to settle for the Divorce through mutual consent. In such a case, and in view of the hardships you have faced, you can file a petition for Divorce on the ground of cruelty and torture meted out to you at the hands of your husband, wherein you can give a detailed description of all the instances of cruelty.
Cruelty under Section 13(1)(ia) of the Hindu Marriage Act 1955 includes mental as well as physical cruelty.
Since both your sons are major, there shall be no dispute about the custody of the child as they can now very well decide to stay with either of you. You can also file a complaint under the Domestic Voilence Act and seek the various reliefs thereunder.
One of the most important features of the Act is the woman’s right to secure housing. The Act provides for the woman’s right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court.
The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.
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