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Whether divorce can be filed on grounds of torture
08-Jul-2023 (In Family Law)
I was married in 2014 it was my Ist and his 2nd his Ist wife died. and there was no issue so everybody inlaws and servants were thinking about his property but after marriage all were against me even husband he always drunk in night arrange by servants and become unconscious and then beat me servants too abuse me torcher me there is driver of car but i cant go now husband is saying i want divorce. My only fault is i condemn about his less character plz what to do?
यदि आप आपके षति द्वारा आपके साथ की जा रही क्रूरता को संबंधित परिवार न्यायालय में सिद्ध कर सकतीं हैं, तो आपको निश्चित ही तलाक के लिए संबंधित न्यायालय में याचिका दायर करनी चाहिए ।
किन्तु जैसा कि आपने बताया कि आपके पति आपसे तलाक देने को कहते हैं, तो यदि आप चाहें तो सहमति के आधार पर भी तलाक के लिए याचिका दायर कर सकतीं है । यदि आप तलाक आपसी सहमति से लेतीं हैं, तो इस प्रक्रिया में आपका समय कम लगेगा।
किन्तु जैसा कि आपने बताया कि आपके पति आपसे तलाक देने को कहते हैं, तो यदि आप चाहें तो सहमति के आधार पर भी तलाक के लिए याचिका दायर कर सकतीं है । यदि आप तलाक आपसी सहमति से लेतीं हैं, तो इस प्रक्रिया में आपका समय कम लगेगा।
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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You not mention which religion you belong. And first I want to know what you want divorce or want to continue marriage. Without your consent he is not getting divorce from you. Or if you want to settle your all things than get divorced mutually. For more information you can call me
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Adv. Satish Bhati
Greater Noida | 400+ Answers
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Yes, divorce can be filed on the grounds of torture. Torture is one of the following grounds for divorce under the Hindu Marriage Act, 1955.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.
Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.
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Adv. Mohit Dhingra
Lucknow | 25+ Answers
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Divorce can be filed on the ground of cruelty. If possible try talking to your husband and involve elders of both the families. In the case there is no solution, contact a lawyer. You can file a suit for divorce on the ground of cruelty.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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