Can I divorce my abusive husband even if he doesn't want to?


I want divorce from my husband. I got married in 2015. He has been very abusive from the start to beating me, abusing me verbally with the worst words possible. I faced two miscarriages cz of him as he did not even want kids. Finally I got fed up and was suicidal in the end. I somehow gathered myself as I am educated , I thought of moving to the states and doing Masters in Engineering there. When I left he again called me and started begging and pleading that I still be with him and promised to change and make tings work. He is still in India. I thought of giving him and my marriage a chance again,he paid my tuition fee for masters throughout, but did not change. In fact he has become worst now claiming he has the right to abuse and he paid for my fee. I cant live this abusive life anymore. He abuses my parents calling and emailing them.  He calls my professors at school and tells them bad false things about me and things

Answers (2)


72 votes

Madam,

You can seek divorce from your husband regardless of his refusal or acceptance for the same. For this, you need to file contested divorce petition under the ground of cruelty against your husband in the family court of jurisdiction where you are presently living mentioning all the facts pertaining to the cruelty you have been subjected to by your husband. Your husband will be sent notice from the court for his appearance and after his appearance, the proceedings in the case will start. In addition to this, as you mentioned that your husband is abusing you physically and mentally, you can file a criminal complaint against your husband in the police station under the limits you are staying. The police will register FIR and take the case forward. Apart from this, you can also file domestic violence and maintenance cases against your husband seeking monthly maintenance for your sustenance if you are not presently working. Rest you can discuss with the lawyer you are going to engage for the cases.


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53 votes

Hi,
Its my serious suggestion to you that once go for counselling through elders, if you still want to claim the divorce you can contact me personally ai that we can do further proceedings to claim divorce as per your decision.
Thank you

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