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Husband is unemployed and tortures me mentally, I need divorce filed
14-Sep-2023 (In Divorce Law)
My husband has been unemployed since the time of our marriage of 13 years. I have been bearing all his expenses and we now have two children. But now he tortures me mentally and uses abusive language. Doesnt let me contact my family nor allow them to visit us. We are in a different town than our family as my job is here. I cant leave this town and he wouldn't leave me but torture me. I need to file divorce and come out of this relationship as soon as possible. What are my options. I dont even want maintainence but would not like to pay his maintainence as he is jobless. Please suggest.
The Situation you have been facing is becoming common with working women, who come come with similar problems, with husbands being unemployed, and dependent upon wife, at the same time, harassing, and abusing their own wife, on whom the husband is dependent.
In such a situation, wife has right to file criminal complaint against the husband for subjecting her to cruelty.You may file complaint under domestic violence as well, however since your husband has very less or no resources, and he being dependent upon you, not many remedies are available to you.
You may file a petition for Divorce subjecting you to cruelty, & abuse, though he may contest the case.
As far as maintaining your husband is concerned, though the law of maintenance under HMA 1955 is gender neutral, however practically courts refrain from awarding maintenance to husbands in situations you are facing.
In the event you may have more questions, you may contact me.
In such a situation, wife has right to file criminal complaint against the husband for subjecting her to cruelty.You may file complaint under domestic violence as well, however since your husband has very less or no resources, and he being dependent upon you, not many remedies are available to you.
You may file a petition for Divorce subjecting you to cruelty, & abuse, though he may contest the case.
As far as maintaining your husband is concerned, though the law of maintenance under HMA 1955 is gender neutral, however practically courts refrain from awarding maintenance to husbands in situations you are facing.
In the event you may have more questions, you may contact me.
Helpful?
43+
43+
Adv. Vivek Nasa
Gurgaon | 200+ Answers
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Dear Client,
you can file divorce case based on grounds like cruelty (mental torture, abuse etc) but it will take time. what about children? do you want to keep them in your custody? its a big question. yours is a very complicated case as thirteen years gone, two children, husband jobless etc. there seems no reason why he left you.
anyways, file a police complaint for torture etc, then go for divorce based on grounds. though it will take time yet it will give you some peace at least.
for further clarifications call me.
you can file divorce case based on grounds like cruelty (mental torture, abuse etc) but it will take time. what about children? do you want to keep them in your custody? its a big question. yours is a very complicated case as thirteen years gone, two children, husband jobless etc. there seems no reason why he left you.
anyways, file a police complaint for torture etc, then go for divorce based on grounds. though it will take time yet it will give you some peace at least.
for further clarifications call me.
Helpful?
33+
33+
Adv. Suneel Moudgil
Panipat | 200+ Answers
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You can certainly file for divorce on the ground of cruelty. However the issue remains about the maintenance. He can certainly claim maintenance under the law but that can b defended on the ground of his qualifications and the fact that he's not working puposely in order to harass you etc. depending on the detailed facts.
However you can file for divorce and the issue of maintenance can b dealt with when it will be raised.
However you can file for divorce and the issue of maintenance can b dealt with when it will be raised.
Helpful?
42+
42+
Adv. Amit Kumar
Gurgaon | 25+ Answers
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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.
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