How to get divorce from cheating husband? Financially dependent on him


My husband is dating his best friend's wife and there are instances that can prove that he is in a relationship. I want to separate from him as I cannot take it any more. I am frustrated from my life because of my husband and get suicidal thoughts a lot of times. I went into depression once I came to know about this. I had lost confidence as I am financially dependent on my husband and did not have courage to take any decision.

 

What should I do? I know my husband will not give me a Divorce and will make things difficult for me.

 

I need a Divorce.

 

Answer

 

If the situation has got so worse and you do not see any other way out apart from getting separated from your Husband, you may file a petition for Divorce against your husband.

 

Indian legal System prescribes different laws for divorce for people belonging to different religions. Assuming you and your husband both are Hindus and are governed by the Hindu Marriage Act, 1955, then you can seek divorce from your husband based on the various grounds enumerated in Section 13 of the Act.

 

Section 13 of the Act has been reproduced below for your better understanding.

 

Section 13(1) states that a petition may be presented by either the husband or the wife, for dissolution of marriage by a decree of divorce on the ground that the other party-

 

i. has, after the solemnization of the marriage, had voluntary, sexual intercourse with any person other than his or her spouse; or

a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

ii. has ceased to be a Hindu by conversion to another religion; or

iii. has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. Explanation.- In this clause,-

a. the expression" mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

b.  the expression" psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or

iv. has been suffering from a virulent and incurable from of leprosy; or

v. has been suffering from venereal disease in a communicable from; or

vi. has renounced the world by entering any religious order; or

vii. has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

 

As per our understanding of the facts mentioned by you, you may file a petition under Section 13(1)(i) - Adultery and Section 13(1)(ia) - Cruelty of the Act. 

 

You have stated that you have proof that your husband is having an extra-marital affair, thus your case squarely fits within the four walls of Section 13(1)(i) of the Act.

 

Furthermore, under Section 13(1)(ia) the term cruelty includes mental as well as physical cruelty. Mental cruelty has been elaborated upon by the Supreme Court of India to include:

 

“Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. The Court dealing with the petition for divorce on the ground of cruelty has to bear in mind that the problems before it are those of human beings and the psychological changes in a spouse's conduct have to be borne in mind before disposing of the petition for divorce. However, insignificant or trifling, such conduct may cause pain in the mind of another. But before the conduct can be called cruelty, it must touch a certain pitch of severity. It is for the Court to weigh the gravity. It has to be seen whether the conduct was such that no reasonable person would tolerate it. It has to be considered whether the complainant should be called upon to endure as a part of normal human life. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. Cruelty in matrimonial life may be of unfounded variety, which can be subtle or brutal. It may be words, gestures or by mere silence, violent or non-violent.”

 

Now you need to file a petition for divorce under this Section seeking a decree for divorce in the competent court and for this you need to consult an Advocate who shall draft your petition.

 

Moreover, we would also like to mention that as you are financially dependent on your husband, you are eligible to get maintenance (Alimony) under Hindu Marriage Act as well as under Code of Criminal Procedure. A separate Petition needs to be filed for the same. Hence you need not worry about the financial aspect after the divorce.

 


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