I would like to separate with my husband

633 votes

If you can ask your husband to settle for a mutual divorce well or else file a domestic violence case and maintenance case against him he will automatically come for a mutual settlement within a short span of time.

Advocate Aveek Bose LawRato

511 votes

Dear client,
As per your details in questions, you can avail divorce from your husband on the grounds as you have mentioned,but prior to i would like state that if your husband is willing to divorce then a petition for divorce on mutual consent can be filed.

Advocate Vikram Ojha LawRato

518 votes

You may file for divorce and maintenance simultaneously before the appropriate court having jurisdiction to take up your divorce. The jurisdiction depends on your place of marriage or residence. If he wants mutual divorce you may ask for alimony

Advocate Alakananda Das LawRato

586 votes

As per your situation you have two options that can be persued by you :
1) You can opt for a Judicial Separation, for this you can file petition of judicial separation in the respective court with just grounds, these grounds should be as per mentioned in section 13 of the Hindu Marriage Act.

2) You can opt for getting a Divorce Decree, for this as well you will be required to file a divorce petition in the respective court, as per the grounds mentioned in section 13 of the Hindu Marriage Act, for your case you can take up the ground of cruelty which has caused both mental and physical agony to you.

The grounds has to be mentioned clearly and has to be proven efficiently by your lawyer. Once the court has been convinced, then a necessary order can be passed in your favour.
And if both you and your partner are willing to mutually get separated, then of course things become easier as none will contest the divorce or judicial separation and hence the court would grant either one (which ever you choose to pursue) in more expedient manner.

Advocate Shayak Chakraborty LawRato