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Hindu married woman wanting to get a decree of judicial separation


15-Jan-2026 (In Divorce Law)
I am a married Hindu woman in an abusive marriage . I want to leave my husband immediately on grounds of cruelty and enter into a live in relationship with my friend . What are my options and how can I keep myself safe from future legal action ?
Answers (5)

Answer #1
726 votes
Divorce may be sought on the ground of cruelty where the spouse causes physical or mental suffering, abuse or harassment. If both parties agree to separate and settle all issues amicably, divorce by mutual consent may be filed after living separately for one year.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

LawRato Mumbai | 100+ Answers
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Answer #2
926 votes
Step 1: File Petition File a petition under Section 10 HMA in the Family Court having jurisdiction: Place of marriage, or Last matrimonial home, or Wife’s current residence Step 2: Court Process Notice to husband Written statement Evidence & arguments Mediation attempt (mandatory)
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Advocate Prashant Gupta

Adv. Prashant Gupta

LawRatoMumbai | 50+ Answers
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Answer #3
595 votes
You need to apply for divorce if thats what you want. However, I won’t recommend immediately entering into a live in relationship and wait for decree of divorce. Once you get a decree, you are free to do whatever you want.
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Advocate Keyur Kulkarni

Adv. Keyur Kulkarni

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Answer #4
913 votes
Under the Hindu Marriage Act, you can file for divorce on grounds of cruelty. For immediate safety, seek a protection order under the Domestic Violence Act. While live-in relationships are legally recognized, entering one before a final decree of divorce may be considered adultery, which can affect your alimony and child custody claims. Consult a lawyer to file for divorce and secure your safety first.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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Answer #5
616 votes
Your safety comes first. If you are facing cruelty, you have the legal right to leave the matrimonial home immediately. You can file a Domestic Violence case for protection, residence, and maintenance, and also file for divorce on the ground of cruelty. Entering a live-in relationship while the marriage is still legally valid can create legal complications and may be used against you later. So this step must be taken very carefully and only after proper legal protection. Before taking any major decision, it is important to secure yourself legally. I can guide you on the safest way to leave, protect yourself from future legal issues, and plan the next steps properly.
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Advocate Sachin Pawar

Adv. Sachin Pawar

LawRatoSolapur | 5+ Answers
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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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