Husband is physically abusive. Now he wants divorce. What to do?

 I got married 4 years before with parents permission... I have 2 kids 1 boy 1 girl....... He starts beating me after the birth of my second child... My mother in law making problem to me & my husband... Not 1 r 2 times many more times....Finally I came to my mother's home on Aug 28 friday night 11.30pm... My husband beated me & cutted my thali chain... Here after what should I have to do? My husband asking me divorce... What is the future for my kids... I need free expert advice... Let me know what I have to do in future...

Answers (3)

337 votes

This question has been answered by one of our lawyers. See answer below.

142 votes

If the conciliation between you and your husband fails, you can seek maintenance for yourself and your kids (Provided, you must be un-employed or have insufficient means to maintain yourself and your kids). There are amicable ways. If your husband is not heeding, you can approach police, too.

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303 votes

Firstly, if the tortures and physical assault are of continuous affairs and there is no respite from it despite re conciliating efforts from your side, it is better to lodge a complaint with the police and seek protection as well as proper legal action against his atrocities and violent acts. If the violence is due to dowry demands, you may include the dowry demand harassment in your complaint and his mother also may be included as an accused in your complaint. Besides, you may file a complaint with the district social welfare department or the judicial magistrate within your jurisdiction under the provisions of protection of women from domestic violence act, 2005 seeking protection to life, residential rights, maintenance and return of your articles etc.
You can also file a maintenance case under section 125 cr.p.c. before the judicial magistrate court seeking monthly maintenance from him for you, your children.
Consult a lawyer and proceed as per his further advise, if you are not able to bear the litigation expenses, you may approach the legal services authority office in the court premises seeking free legal aid, who will arrange for free legal assistance through any one of the lawyers in their panel.

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