LawRato

Husband denying divorce, wife living seperately for 6 years


11-Mar-2026 (In Divorce Law)
I've been seperated from my husband for last 6 years now, initially h filed section 9 case, and then a mutual divorce case, but I didn't appear and respond. But since this man is causing immense mental torture, he is text mailing all my relatives and frnds, my coworkers and everyone, I have decide to file for divorce. Now this person has denied and is not agreeing. I want to get rid of this mental trauma, as this was my 2nd marriage. My previous marriage was also through a matrimonial app.
Answers (5)

Answer #1
841 votes
Both a criminal complaint and a divorce case can be filed against your husband in the present case. You can file for divorce on the grounds of mental cruelty and also the fact that you have been living separately for six years. Further,a criminal case is also maintainable against his actions and shall provide you with immediate relief.
Helpful? LawRato LawRato
Advocate Shambhavi Sharma

Adv. Shambhavi Sharma

LawRato Delhi | 50+ Answers
Chat with Advocate Shambhavi Sharma Chat 
Answer #2
819 votes
Separation of 6 years and the mental cruelty narrated by you, gives your legal right to file for contested divorce. Even if he is not agreeable for the same, you can file it from your end and seek appropriate relief. For better discussion feel free to connect. Thanks
Helpful? LawRato LawRato
Advocate Bhawana Pandey

Adv. Bhawana Pandey

LawRatoDelhi | 1000+ Answers
Chat with Advocate Bhawana Pandey Chat 
Answer #3
983 votes
आप अपने पति के खिलाफ क्रूरता (Mental Cruelty) के आधार पर तलाक की याचिका दायर कर सकती हैं। यदि वे आपको मानसिक रूप से परेशान कर रहे हैं, आपके रिश्तेदारों और सहकर्मियों को बार-बार संदेश भेजकर बदनाम कर रहे हैं, तो यह मानसिक उत्पीड़न माना जाता है। आप हिंदू विवाह अधिनियम, 1955 की धारा 13 के तहत तलाक के लिए परिवार न्यायालय में मामला दायर कर सकती हैं। साथ ही, यदि उत्पीड़न अधिक हो तो आप घरेलू हिंसा अधिनियम, 2005 के तहत भी शिकायत कर सकती हैं। सभी संदेश, कॉल रिकॉर्ड और अन्य सबूत सुरक्षित रखें
Helpful? LawRato LawRato
Advocate Faiz Ali khan

Adv. Faiz Ali khan

LawRatoDelhi | 5+ Answers
Chat with Advocate Faiz Ali khan Chat 
Answer #4
797 votes
Hi there, you have an option to file divorce case before the family court for cruelty, desertion and other grounds. Further, to get an instant divorce you can file a petition in the Supreme court to grant you a quick divorce without much waiting. It's advisable to contact me and provide more information about the issue to assist you better.
Helpful? LawRato LawRato
Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
Chat with Advocate Ishan Parashar Chat 
Answer #5
632 votes
Hi, Even if he is not agreeing for mutual divorce, you can file a contested divorce petition under Section 13 of the Hindu Marriage Act, 1955 on the ground of mental cruelty. Harassing you by sending messages or emails to your relatives, friends and coworkers can amount to mental cruelty and can be used as evidence before the court.
Helpful? LawRato LawRato
Advocate Vishali Verma

Adv. Vishali Verma

LawRatoDelhi | 25+ Answers
Chat with Advocate Vishali Verma Chat 

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.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato