How to get a divorce from a husband who is very abusive?

Hi, I am married for 2 years now to a divorcee. A lot of details were faked to me at the time of marriage to believe that the fault for my husband's divorce was his first wife. But the actual problem was with my husband's nature. My husband hasn't treated me well at all (beating, abuses, etc) and often sends me off to my parents place. He has no respect for women and is a very irresponsible person. My daughter was born 5 months ago but he hasn't visited us even once. He hasn't taken care of my financial needs right from the beginning and until this point. Instead he forced me into a car loan soon after marriage and hasn't paid any money. What legal steps should i take? I even got to know that he is travelling with his ex wife. If I apply for divorce, Am I eligible for alimony from him without allowing an access to my daughter? Will I get legal support to claim money spent towards marriage expenses and car loan?

Answers (3)

139 votes

hlw...yes u can definitely go for filing for divorce making cruelty bigamy as a ground to get out of the matrimonial bond and still can manage to get maintenance as because husband is legally obliged to maintain his wife and cannot escape of his duty. section 125 of Criminal procedure code speaks about the maintenance of wife ,parents and children irrespective of religion and uniform for all and visitation rights will depend upon the facts and circumstances of the case, And other factors like marriage expense and car loan will be taken in view in deciding the quantum of maintenance. In Sh. Sudhir Diwan VS Smt.Tripta Diwan And Anr 18th feb 2008, The Delhi High court directed the husband to pay Rs 10,000 per month as maintenance to his wife even though she is admittedly working.
If we look at the entire gamut of Indian matrimonial law, we will find that the provisions for maintenance are available in following statues in case of Hindu Marriage,First two are uniform for all

Section 125 Criminal Procedure Code( Cr.P.C.)
Section 20 of Protection of women from Domestic Violence
Section 18 of Hindu Adoption and Maintenance Act
Section 24 of Hindu Marriage Act
Section 25 of Hindu Marriage Act

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53 votes

It is a pity that ladies do not practice due diligence before accepting a proposal and fall into such traps.
Physical or mental harrasment is a abuse and no woman should tolerate. Yes, you may apply for divorce under section 498 A of IPC , section 13 1 (ib) and even seek alimony and sec 125 of crpc i.e., maintenance for you and your daughter in your petition.

You can also ask your advocate to draft a petition that in the prayer for child custody, that your husband shouldn't have access to see your daughter and also help to recover the marriage expenses. On car loan, would like to know more details as it isnot clear.. Who is the owner of the car? Is it registered under your name.. Although, you can include that in your petition prayer.

It is a discretion of court to weigh your case and pronounce the judgement. However as your child is less than 5 years of age, child custody will default be granted to you.

Further, you can also draw inference from his earlier divorce case and cite the issues faced in his earlier married life. This will hold weightage to your case.

I hope this clarifies your concern. If you still have any queries, feel free to contact me and I can assist you further.

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281 votes

First you need to issue a legal notice to restitution of conjugal right and if he refuses to join you then you can take steps to claim maintenance and also you can file divorce petition if there are no chances of renuion

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