Can I file for divorce if husband is abusive and doesn't work?

Hi.. i am married since last 5 years and i have one son who is 4 yrs old.. my husband is a divorcee and mine is first marriege. We had an arrange marriege. My one of uncle introduced our family n because my family rely on his so they did not investigate about my husbsnd n the actuall reasons of his firdt divorce. Firstly the was in hurry in marriage so i did not got time to know him n we got married in one month only after thier purposal of marriage.. and i got pregnent in very first week of my marriage n i deliver a baby boy exactly after 9 months of my marriege. In my whole pregnancy i misbehaved with me even he used ti beats me. I was woking before marriage n i continue working till my delivery. My husband left his car paint work after 5 mnths of our marriege n he used to sit at home while i was working. After my delivery i was not able to join full day job as my mother in law refused to take care of my baby. So i started home base work of travel n started doing it. Still my husband

Answers (3)

165 votes

In short,

Yes. You can immediately proceed to file a case for divorce under grounds of cruelty and also proceed with initiating action under the Domestic Violence Act. It is important that you keep all evidence with you in order to proceed and build a strong case. It will also depend on whether your husband has any property in his name that you can seek in order to claim maintenance.

However, this can only be discussed once the full details are there.

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146 votes

Your query is not complete. However, on the basis of the question and the facts stated by you, you can file for divorce on the grounds of physical and mental cruelty and additional a case under the domestic violence act is also maintainable.

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You can definitely file for divorce on the grounds of cruelty as a matter of right since you have been subjected to the extreme form of cruelty in the hands of Your husband. As your facts suggest you have been subjected to regular torture and has been misbehaved throughly and throughout your married life hence you file for divorce and can also file a domestic violence case against your in-laws for their misbehaviour against you. For effective action and for the purpose of taking divorce smoothly , please contact us through Law Rato .

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 and has been responded by one of the Divorce Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

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