Advocate Kuldeep Bansal

Questions Answered by Advocate Kuldeep Bansal (25+ answers)

Q: Need a divorce after 10 years of torturous marriage

I have been married for 10 years and have two children, aged 7and 5. We have privacy concerns, interference from in-laws, lack of transparency, not having a healthy relationship and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India. Please help me.

Advocate Kuldeep Bansal answered
To seek a divorce in India after ten years of torture, you can file for a contested divorce on the legal ground of cruelty. Indian law recognizes both physical and mental torture as valid reasons to dissolve a marriage. 1. Identify Your Legal GroundUnder Indian personal laws (such as the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954), you can file for divorce based on Cruelty:Physical Cruelty: Direct bodily harm or assault.Mental Cruelty: Behavior that causes such extreme emotional pain or fear that living together becomes unbearable. This includes continuous verbal abuse, humiliation, or threats. also you can file Claim Maintenance/Alimony: You are entitled to seek financial support (maintenance) for yourself and any children under the Hindu Adoption and Maintenance Act or Section 125 of the CrPC.

Q: Need a divorce after 10 years of torturous marriage

I have been married for 10 years and have two children, aged 7and 5. We have privacy concerns, interference from in-laws, lack of transparency, not having a healthy relationship and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India. Please help me.

Advocate Kuldeep Bansal answered
To seek a divorce in India after ten years of torture, you can file for a contested divorce on the legal ground of cruelty. Indian law recognizes both physical and mental torture as valid reasons to dissolve a marriage. 1. Identify Your Legal GroundUnder Indian personal laws (such as the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954), you can file for divorce based on Cruelty:Physical Cruelty: Direct bodily harm or assault.Mental Cruelty: Behavior that causes such extreme emotional pain or fear that living together becomes unbearable. This includes continuous verbal abuse, humiliation, or threats. also you can file Claim Maintenance/Alimony: You are entitled to seek financial support (maintenance) for yourself and any children under the Hindu Adoption and Maintenance Act or Section 125 of the CrPC.

Q: My husband does not want to live with me.

“If my husband is not taking me back to live with him, can I file a case for maintenance along with Section 9 and would this be the right thing to do?”

Advocate Kuldeep Bansal answered
Yes, Section 9 (Restitution of Conjugal Rights) and Section 10 (Judicial Separation) of the Hindu Marriage Act (HMA), 1955, and Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023—which replaces Section 125 of the Criminal Procedure Code (CrPC) for maintenance—can be filed or arise together in the context of a matrimonial dispute.