On what ground I can file divorce if husband is harassing

824 votes

Ma'm you can file a petition before Family Court for getting divorce under Section 13 of the Hindu Marriage Act, 1955.

Section 13(1)(i) and Section 13(1)(i-a) of the Hindu Marriage Act, 1955 provides grounds for getting divorce when a person keeps sexual relationship with anyone except spouse and treats spouse with cruelty. Such spouse can file petition for divorce on these grounds.

During the proceeding for divorce, you can get monthly allowance/maintenance or also lumpsum amount as one time settlement of maintenance.

For domestic violence, you can separately file domestic violence complaint before Magistrate.

Advocate Sandeep Naik LawRato

961 votes

You can claim divorce on the the grounds of adultery and cruelty . The acts which you have mentioned amounts to mental and physical cruelty provided you are in a position to prove the same in the court. The alimony will depend upon proof which you will submit with regard to income of your husband.

Advocate Sameer Kumar Shrivastava LawRato

886 votes

reviewed your query--Husband has extramarital affair and has setup a buisness with lady.. he is neglecting children. Everyweekend goes to meet her.. domestic violence and abusing is therec.. and compel to have sex with him.. on what ground i can get divorce and what will be the compensation

opinion:
yours is a good case for getting decree of divorce from husband on the grounds of mental and physical cruelty and also on the ground that he is in adultery with other lady. these are very strong grounds for divorce. a petition in this regard is to be filed in family court.

regards
raghvendra singh raghuvanshi

advocate-high court of MP, Indore

LawRato LawRato