Husband torturing. Physically and mentally. Will i get divorce?

i got married on May 2012 as per the Christian rules., It was a love marriage though knowing that it was my husband's second marriage. our relationship was not at all cordial from the first week of our marriage , he was torturing me mentally and physically during my pregnancy time also. he has lots of other relationships with ladies. we were in Dubai till 2014 and came back to India as he did some financial fraudulence and escaped from there. i have one 2 years old son now . i have filed for divorce and he says he will not give me divorce and he needs child custody also , will the court allow

Answers (3)

223 votes

The marriage with you and your husband will be valid only if he and his first wife got divorced. So there is no question of divorce for you in this circumstances.However if he was a widower earlier, definitly you have to file the divorce petition before the Family Court in your District on the ground of physical and mental cruelties.

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163 votes

As you have already filed the petition for divorce, adduce the evidence in proving the cruelty and harassment from him and also, meet his counter allegations, if any, on merit. The matter, in all probability, would be decided in your favour.

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Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child.mothers are naturally favored for legal custody yet courts decision is based on the best interests of child and not the parent’s best argument.Guardianship of child is offered to a parent who is seen most fit for the upbringing of the child, providing better financial security, adequate parenting skill and least disruption of the roots of the child.
Custody under Christian Law: Christian law does not have any provision for custody but the issues are well solved by the Indian Divorce Act which is applicable to all of the religions of the country.
The concept of welfare of child in India is very broadly designed and followed by the court to ensure custody of child be given to most suited parent. This concept is based on number of factors which are as following:

Age, sex and religion: of the father) of the child plays major role.
Character and capacity of the proposed guardianship, false accusations and allegation by parents on each other are ignored.
Any existing or previous relation of the proposed guardian to the minor’s property. Minor’s inherited wealth play a major role in deciding the custody of child as it can either be weighed against if proven to be the only motto of the custody attainment or in favor if property’s owner and proposed guardian are in relation.
Minor’s preference, usually above age of 9.
Custody of more than one child. Most often the siblings are not separated for their mental health.
If parents either/both have remarried.
If any parent do not obey by the decision of court, in any respect, loses the parental rights after divorce, if appealed by the other resources of either of the parents or their love for the child may be one of the relevant considerations but cannot be the sole determining factor for the custody of the child. It is here that a heavy duty is cast on the Court to exercise its judicial discretion judiciously in the background of all the relevant facts and circumstances, bearing in mind the welfare of the child as the paramount consideration.

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