Husband ill treats me and is not giving me divorce, how to get Divorce

My husband continuously humiliates and insults me badly and taunts me for most frivolous issues. And ,if try to suggest anything as simple as 'both the car doors were unlocked' he will snap me brazenly and insultingly-irrespective of the place we are in -right from a mall,flight ,amongst family members..just anywhere.Few times he held me and shook so vigorously in rage that it was scary.Due to this I gradually lost interest in physical rel'p which angered him further and he has threatened me to throw out of the house,drag me to the court and refuses to divorce me on 'mutual consent ' terms saying that he has lot of money he will see to it that I suffer and end up on streets as I don't have budget to fight the case.I just want divorce and financial security for my children from him.NOthing for myself .Can I get divorce from him?He doesn't hesitate to suspect me also--as he will ask so many question if I want to go out with my male colleagues or male friends.I am a hindu, two children

Answers (5)

103 votes

For a divorce there must be one year separation. In your case you have not stated any thing of saparation. Now you have two option either you can file a maintenance case or you can file a case under domestic violence act there you can seek protection as well as maintenance too.
As you told you desire to take divorce. Here from the facts you have stated in your problem, it is clear that there is mental harassment. So you can file a divorce petition under mental cruelty.

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318 votes

If he is not ready for mutual consent then file a case under 498-A for dowry harassment and one more case for domestic violence at criminal court and file a divorce case at family ground under the grounds of cruelty but you have to provide sufficient documentary or eye witness to rove cruelty. Before law everyone is equal your husband cant buy law so file the case and fight for justice. You can claim monthly maintenance for you and your children until the disposal of the case and then alimony. There is a chance of getting arrested in 498A case so all this will bring pressure to him then he will come for settlement. Hence, contact advocate

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52 votes

As a first step i suggest you to take a firm decision on getting a divorce from your husband because you have two children. If you still feel that you need to get divorce because of harassment then you can file a contesting divorce petition before the jurisdictional family court. You can also claim for maintenance for yourself(in case you are not working) also for your children. I suggest you to contact an advocate of your choice.

238 votes

Nothing to worry if you are undergoing humiliation and harassment by your husband, law is anyways there to protect you.
- if by conciliation with elders from both the parties leads to negative result then on mutual consent you can file for divorce.
- if your husband doesn't give consent then you can file petition for divorce under the ground of cruelty and simultaneously seek for interim maintenance as well as for the custody of children.
- don't worry for your husband threat approach a lawyer and issue notice for conciliation if it doesn't yield in good result then file case against him.

270 votes

OK... Firstly file a complaint in police station in terms of His torture to you ... And later on u can file divorce petition and also maintainance petition for your children ... Then you can pressurise him to give u divorce by filing domestic violence case ... Before doing all these collect few information against him like video recording if he is using foul languages against you and children and in messages if he is threatening you in messages keep those messages and also record his voice whenever he uses foul words and threatening words during calls ... All these things will help you out in giving divorce

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