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Clarification on mental harassment as a ground of divorce


16-Dec-2023 (In Divorce Law)
I have married since 1 year..my husband don't want to live with me..he always say live with my parents otherwise I 'll not live with u..but I really don't want divorce..I want to do job so what are the rights if I 'll file case on him or 'll divorce him..he always mentally harassed me
Answers (4)

Answer #1
655 votes
Forced to stay in matrimonial home is coming under preview of mental harassment . But if want to do job you may do so . Better you file case under the provisions of domestic violence Act . Where you will get complete relief

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Answer #2
640 votes
If your life with your husband is so me painful and you have left no other option other than to give divorce then you may file a divorce case or go for a judicial separation. Consult an advocate of your choice.
Answer #3
870 votes
As per law nothing can stop u to join a job, but as there are differences you should settle. Court can only separate legally not emotionally . In this situation you can opt three option, join the job , or stay as per your premarriage conditions . Money can buy materials but not relationship or the time that spent happily .Decision is yours.
Answer #4
771 votes
Dear Client,

If you do not wish to file a divorce petition against your husband, you can file a petition for mutual separation.
The difference between divorce and mutual separation is that in case of the former the marriage would stand dissolved after a decree of divorce being passed, whereas in the latter, both the husband and wife shall be directed to reside separately untill the differences are not sorted. In the former, the marital ties are severed, however, in the latter, the marital ties are not severed but only the husband and wife are allowed to reside separately. A mutual separation can be converted to divorce.

If you opt for the relief of mutual separation, you would be legally entitled to live away from your husband and pursue your job. This would act to your benefit in two ways, firstly, you shall be able to pursue your job without being subjected to mental harassment by your husband and secondly, you shall be able to take a firm decision to opt for divorce in the future (in case there is no reconciliation in the matter between you and your husband).

In my considered opinion, you should opt for mutual separation as it provides you a win-win situation in the given circumstances.

Regards

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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