465+ Lawyers are online 
Contested divorce due to physical and mental torture for husband.
27-Nov-2023 (In Divorce Law)
. I want a divorce from my husband mainly due to mental torture, which i am bearing since my marriage but it is being unbearable now. it has been 8 month to our marriage. I want to know the procedure for this. Things that my husband does in mental torture are: 1. Anytime abusing to me, my parents, my brothers, my sisters, my sons 2. Anytime shouting on me by blaming me for irrelevant things 3 anything said about my character. 4 he physically abuse me. My family don't want to go in court. His family lies to us my husband before marriage suffering from TB and now he balmes me for this. His family takes 2 lakh dowry from my family. Some lawyers says that for divorce I have to wait for 1 year but I want divorce as early as possible. Due to alumany perspective my husband don't ready to give me divorce but now it is impossible to me to live with such man who mentally torcher me.
Don't afraid! If ur husband attitude with you seems to be cruality one you can make application for divorce and also register case for protection from husband as per domestic violence act.Thus we will try for fast output.Hence contact me for details!
Helpful?
21+
21+
Adv. Bhalerao Prakash
Nashik | 200+ Answers
CONTACT NOW
1 year is mandatory period for filing divorce petion. you must be wait up to that period.. before that cant file divorce petion according to hindu marriage act one year period will be calculated of seperation
Helpful?
17+
17+
Adv. Harishchandra R Kale
Karad | 25+ Answers
CONTACT NOW
hello.. yes u can filed divorce petition..... as per ur questions we can filed petition under one year no need to wait that finished the one of judicial separationcall me any additional information.....
Helpful?
24+
24+
Adv. Amol Bhujbal Balasaheb
Pune | 25+ Answers
CONTACT NOW
What the lawyers advised you was right i.e. to say that a Petition for Divorce cannot be filed before one year. What, however, can be done is that you can file a petition for nullifying your marriage on the ground that your consent to the marriage was obtained by fraud/ misrepresentation, using the TB issue. That is to say that you were not aware that he has TB. However, as a ground its quite a flimsy one so would advise you to wait. Its just a matter of 2 more months.
You mentioned that your husband is not willing to give you Divorce to avoid shelling out any alimony. In that scenario and given your desperation to get out of the marriage, i would advise you to consider getting out of the marriage without any money. Tell your husband you dont want anything. Im sure he would agree to Divorce then.
Also, since you mentioned that you can't live with him under the same roof, you can move out of the house, only if you ok with getting out without money. Otherwise, your stay in his house is a pressure point which can get him to settle the issue.
You mentioned that your husband is not willing to give you Divorce to avoid shelling out any alimony. In that scenario and given your desperation to get out of the marriage, i would advise you to consider getting out of the marriage without any money. Tell your husband you dont want anything. Im sure he would agree to Divorce then.
Also, since you mentioned that you can't live with him under the same roof, you can move out of the house, only if you ok with getting out without money. Otherwise, your stay in his house is a pressure point which can get him to settle the issue.
Helpful?
10+
10+
Adv. Radhika Mehta
Mumbai | 25+ Answers
CONTACT NOW
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
