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How to initiate divorce proceedings on grounds of harassment


22-May-2023 (In Divorce Law)
I am a 30 year old teacher by profession . I was married four months ago.the person I was married drinks smokes and abuses me . My father gave 5 lacs of money and lots of gifts and jewellery whatever they asked for. What would I have to do to divorce him ? Kindly suggest me if possible.
Answers (5)

Answer #1
698 votes
You should lodge a criminal complaint against your husband and inlaws if any.
You can draft your own complaint or you can take help from a legal consultant or a lawyer for drafting.
It's not clear where you are from you should go to concern women cell or cwa cell to lodge the same.
You can also file a criminal Suit against your husband and in laws in the court of concerned chief judicial magistrate under section 12 of Domestic Violence Act.
A separate suit can also be filed under section 406 IPC against husband and inlaws to recover whatever you have mentioned.
If you file a complaint you should follow up for it and the same will be converted into an FIR after sometime and the specific time for this exercise to convert it into FIR is 60 days.
But for the is you should take proper guidance from a good legal practitioner in order to get it done soon easily and in a proper manner.
Thank you
Advocate Varun Chaudhary from
Nyay Law Firm.
Answer #2
977 votes
You have not mentioned your religion. If you are Hindu there is specific code namely Hindu Marriage Act. Section 13 of the said Act provides the grounds of divorce. Cruelty by husband is one of the grounds mentioned there in. On said ground you can take divorce from him. If you are Muslim then also you can file suit for divorce on the ground of cruelty before the family court. other advice can only be given after consulting personally.
Answer #3
854 votes
Hello
In your matter you got married before 4 month but now in this time where you live your husband home or father home so you meet personally any advocate and say everything he told you how file that case in your Matter
Answer #4
687 votes
First of all kindly finalize, whether you really intend to go for divorce or not?

To avoid the harassment you can initiate Domestic Violence case against your husband. This would ensure he stops harassing you.

Further if you are firm on Divorce, you can very well approach family court (As he has no money and you are employed, you would not be getting maintenance)

Do visit our office in Navi Mumbai / Pune for proper discussion.

Regards,
Expert Jurist LLP.
Answer #5
691 votes
Dear client, you are absolutely correct at per your end . But only harassment And he is not earning is not the sufficient grounds for getting divorce. Even he can ask for maintenance from you as per section 125 of crpc. If I can get more details I can suggest other options. Pl.dont hesitate for contact. If you like my view Pl. Rate me.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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