quesHusband threatening to give up life if I divorce. How to divorce him?

My in-laws' interference and personality difference with my husband have resulted in the most difficult time of my life. I have been married for 6 years and have a 2.5 years old daughter. My husband and me have different priorities and liking.

 

I have given up my career, hobbies, likings and even food items that I like to make this marriage work. But now its getting tooo tough on me. So please help me get out of this relationship and get Divorce.

 

My husband doesn't want it. He is trying to blackmail me emotionally crying and saying i'll not stay alive. I leave the whole world and take sanyas and on the other hand you will face problems and you will give bad life to the kid.

 

What should I do?

 

  • ans 

    In case your husband does not wish to agree to a mutual divorce, then you have the option to file a petition for divorce, under the various grounds available under the Hindu Marriage Act like, cruelty, desertion, veneral diseases, bigamy, adultery, change of religion, etc., wherein you will have to give detailed account of the reason for obtaining divorce.

     

    Based on the harrowing time you are going through at the hands of your in-laws and the mental torture you are being subjected to by your husband by emotianal blackmail etc, the most likely ground that you may file your Divorce Petition is Cruelty under Section 13(1)(ia).

     

    Under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

     

    “Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

     

    Incase of any other physical or mental torture, you can also approach the National Commission for Women and the Crime against Women Cell as well as the Police.

     

    Also the custody of the child will an important issue and for that you will also have to obtain the custodial rights. Since the child is of an age of less than 5 years, the Court generally does not grant the custody to the father, but can always grant visitation rights to the father.

     

  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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