Staying with parents for 2 yrs. Husband unemployed. What should i do?
My husband lost everything in betting including his home and I am living in my dad's home since 2 years. He does not do anything nor any efforts to live together or make a home for us.
We have a child also who is 4 years old now and he doesn't matter for my husband. My mom and dad fulfill our needs and his school fees and all. So I want advice as to what to do?
It depends on what you want. If you want to continue with your marriage, we suggest that you should see a marriage counsellor and try and sort out your issues. Plus your husband needs to see a psychologist to get his life back on track because as you have said, he has lost the will to work or take care of his family.
But if you are looking for a Legal way out then you can file a petition for decree of dissolution of marriage.
Indian legal System prescribes different laws for divorce for people belonging to different religions. Assuming you and your husband both are Hindus and are governed by the Hindu Marriage Act, 1955, then you can seek divorce from your husband based on the various grounds enumerated in Section 13 of the Act.
Section 13 of the Act has been reproduced below for your better understanding.
Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-
i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or
a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or
b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
ii. has ceased to be a Hindu by conversion to another religion; or
iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-
a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
b. the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible condouct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or
iv. has been suffering from a virulent and incurable from of leprosy; or
v. has been suffering from venereal disease in a communicable from; or
vi. has renounced the world by entering any religious order; or
vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
As per our understanding, we feel that your situation falls under Section 13(1)(i) and Section 13(1)(ia) and Section 13(1)(ib) of the Act.
Now you need to file a petition for divorce under this Section seeking a decree for divorce in the competent court and for this you need to consult an Advocate who shall draft your petition.
With respect to your child, you shall have to file a petition for the custody of your child as well.
- 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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