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Can i file for divorce on basis of harassment and cheating


22-Jul-2023 (In Divorce Law)
I got married 5, Feb 2016. Will complete 6 months on 5 Aug. my husband tortures and flights every time he takes alcohol. This happens almost 4 times in a week. My laws cheated on us on many things. they told that he is an occasional drinker . plus my mother in law is in depression and an insane lady. They told before marriage that she is fine now. Our marriage is not registered. can I still file a case against them for cheating and harassment ? Can they also take any action against me ? is any marriage legal till 6 months without the certificate? Please help.
Answers (5)

Answer #1
629 votes
You can file for domestic violence case against your husband and in-laws and also seek protection order from the Court. You can also file complaint before the CAW cell against your husband and in-laws. It is immaterial even if your marriage is not registered, you can file case against them. You can't seek divorce till completion of one year of marriage unless you are suffering extreme hardship in the eyes of law.
Answer #2
520 votes
Yes you can file subject to futher clarification required. You can also file complaints. Against torture. And also claim maintainence and protection. From court marriage registration. Is not condition. You hve show marriage. Proof for further information. Contact me
Answer #3
837 votes
Yes your marriage is not invalid for want of registration. You can file case under DV Act against husband and in laws for all the sufferings you has had. And also for return of stridhan besides claiming compensation, residence and maintenance if you dont have enough incoe to maintain.
Regarding divorce it can be filed only after completion of one year of marriage but before one year you can file for annulment of marriage for concealment of information about your husband prior to your marriage.
They may not file complaint against you as chances seem bleak provded you initiate required action without delay.
Answer #4
620 votes
The grounds for divorce mentioned in your query are sufficient to file a divorce petition under Hindu Marriage Act. Cheating, harassment, mental cruelty etc are grounds for divorce.

However you have to wait for an year to file divorce. Registration of marriage will be no bar as long as the marriage can be proved with reference to evidence nice in the form of marriage card photographs etc.
However, may I advise you and your husband to seek help of psychological or marriage counsellor. Six months into marriage is too early to seek divorce. Try and sort out issues, if possible, else revert back next February.
Feel free to connect.
Answer #5
941 votes
Registration of marriage is not required for proceeding against husband and in laws. They may file a case against you but you will be on upper hand. If they are ill treating you. You should raise your voice. You are entitled for maintenance and separate residence. Revert me . All the best.

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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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