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How to get Divorce if husband is not ready


08-Oct-2023 (In Divorce Law)
My mother wants a divorce from my father. She is 65 years old. My father is 70. She regrets not divorcing soon after marriage when she found out that most of her marriage gifts were snatched by her in-laws. Most gifts were taken away even before she knew what they were. My father had several extra marital affairs with domestic servants. Even today, my father shouts at my mother and harasses and humiliates her over little things. She can't take it anymore. As far as I can remember, my father has always been a monster of a man. Hence, my mother's health is breaking down physically and mentally because of my father. Some of our relatives who dislike my father tells my mom that if she hadn't married her, no one would have. Which is very true. As far as I know my father, he would have impregnated a couple of maids. He is a perverted sex maniac kind of guy. My mother wants to live the end of her life peacefully, happily, with dignity and freedom. Please help me.
Answers (4)

Answer #1
894 votes
Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly
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Advocate Siddhant Sharma

Adv. Siddhant Sharma

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Answer #2
518 votes
detailed discussion is cumpulsory to understand the how divorce can be obtained from such a relationship which has passed so many years, writing here in mere words wont suffice the need and it will be impossible to guide you to the right directions. consult a good lawyer
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Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
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Answer #3
983 votes
if he is ready then you can get it by filing mututal consent petition and now there is no need to wait for six months as per supreme court verdict. if still he is not read to divorce then u yourself can initiated the divorce proceedings and can get it from court. but the burden of proof is on u. u have to put the grounds and also have to prove it.
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Advocate Uday Madhukarrao Chavan

Adv. Uday Madhukarrao Chavan

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Answer #4
564 votes
Hi In this case you can file a petition for divorce under the ground of cruelty by your husband The alcoholism of your husband is causing your mental cruelty therefore you can seek divorce and claim maintenance also
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 5+ Answers
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