quesSuffering mental torture from husband. What are my rights if i divorce

I am writing below letter on my mother's behalf: Hi, I am a 50 years old woman. I want a divorce from my husband mainly due to mental torture, which i am bearing since my marriage but it is being unbearable now. it has been 29 years to our marriage. I want to know the procedure for this. Things that my husband does in mental torture are: 1. Anytime abusing to me, my parents, my brothers, my sisters, my sons 2. Anytime shouting on me by blaming me for irrelevant things 3. Anytime Shouting on my sons Both the sons also don't want to live with my husband. What can my mother do?

  • ans

    Assuming your mother’s marriage is solemnized according to Hindu rituals, so you can file divorce under Hindu Marriage Act, 1955 under section 13(1) of the Act on the grounds of cruelty.

    Further, she can also file an application under Section 12 of Domestic Violence Act, thereby seeking compensation for mental harassment. In case she requires residence, then she can file application under Section 19 of the said Act for seeking right to residence.

    In addition to aforesaid,  in case she desires maintenance then she can file a case under Section 125 Cr.P.C., thereby seeking maintenance.

  • ansRespected Madam,

    Does there any property related dispute arises in your family? If yes please provide me the details of the same. As i feel that you are hiding some important facts from me. Please remember half information will lead half treatment of your problem. If there is no other issue and really you feel so humiliated by your husband than yes you may file a divorce on the basis of such cruelty. You please approach a good lawyer and tell him all the incidence so that he/she will file it on the behalf of you to provide you justice.

    Mohan S.

    Advocate Mohan S

      Janakpuri, Delhi

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