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Divorce without mutual consent from the husband for mental torture
14-Oct-2023 (In Divorce Law)
i and my husband belong to Hindu community married in 1991. We both are hailing from kerala but right now residing in pondicherry for more than 25 years. Within few years of my marriage i got to know he is affected by some mental problems and when referred to doctor got to know that it will reoccur and can never be cured completely. By i time i knew all these 9 yrs passed and i had 2 girl child. I was in a situation i couldn't go back and live with my parents and for my children i digested all torture he did till now. Now i'm weak mentally and physically and cant tolerate him anymore. About filling a case regarding divorse he will not give a mutual consent and he has property ancestral and which he bought on his own. How can i apply for a divorse and alimony? I dont wanna tolerate him even for a second. Can u pls help me?
You can file a petition under sec.13 of Hindu Marriage Act for divorce. If his unsoundness of mind is incurable you can file divorce on that ground alone. Otherwise you can file petition for divorce on the cruelty also. You can also claim permanent alimony.
You can apply for divorce individually on the grounds of cruelty but you are required to prove such mental tortures and physical cruelties before the court. Regarding alimony, you can get for which you have to procure title documents of your husband's properties and his income structure. Important thing you needs to decide is the custody of your two daughters, think before you proceed.
Adv. V. Veeraragavan
Nagapattinam | 25+ Answers
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