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I want to file divorce before it's too late
04-Mar-2026 (In Divorce Law)
I am a mother of two child.i have 7 years of abusive marriage.i don't want to share everything but my main problem is whenever I ask my husband that I want divorce he refuse and never take it seriously.i can't tolerate more beatings and taunts now.is there any lawyer who can talk to my husband and also guide me for further steps .I have no one in my family no home.
Hello, your situation is quite serious. Your husband is not willing to agree to a divorce by mutual consent, so you can file a divorce case in court on the grounds of cruelty. You can also seek a protection order under the DV Act, maintenance for yourself and your children, and the right to live. A paid consultation is necessary to thoroughly review your case and develop a legal strategy to take concrete steps for your future.
Sudesh Kumar ADVOCATE
LLB and LLM
High Court and other Courts
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Adv. Sudesh Kumar
Adv. Sudesh Kumar
Agra | 50+ Answers
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yoy have two children you should go through mediation if you want divorce you can file by mutual divorce he never takes it seriously six months upto 1 year is mutual divorce contested divorce takes very long maybe 10 years
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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You are not required to continue in an abusive marriage. Under Indian law, cruelty and physical violence are valid grounds to seek divorce. You may file a complaint under the Protection of Women from Domestic Violence Act, 2005 and also initiate divorce proceedings before the Family Court.
You can also seek protection orders, residence rights and maintenance for yourself and your children. Even if your husband refuses to agree to divorce, you can still file a contested divorce case.
It would be advisable to approach a local advocate who can guide you through the legal process and help you take the necessary steps for your safety and legal protection.
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Adv. Vinita Pandey
Adv. Vinita Pandey
Auraiya | 25+ Answers
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If your husband is a cruel man then you can file domestic violence case and on the basis of cruelty you can move divorce from him and many more remedies available in law which can be explain when you feel need you can contact me then i can help you in better way in this matter.
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Adv. Ankit Singh
Adv. Ankit Singh
Allahabad | 100+ Answers
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You do not need your husband’s consent to take legal action or to seek divorce in such a situation.
If you are facing abuse and violence, your first priority should be your safety. You can file a complaint under the Protection of Women from Domestic Violence Act, where you can seek:
* protection from further violence
* right to residence (you cannot be thrown out of the matrimonial home)
* maintenance for yourself and your children
* custody orders for children
You can also file a criminal complaint for cruelty against your husband.
For divorce, even if your husband is refusing, you can file a contested divorce on the ground of cruelty. The court does not require his consent in such cases.
Additionally, you can claim maintenance for yourself and your children through court so that your financial needs are secured.
If possible, approach the nearest Women Cell / Protection Officer or Legal Services Authority. They also provide free legal aid and can help you with shelter and immediate support.
A lawyer can definitely talk to your husband for settlement, but legally you are not dependent on his agreement. You have full rights to take action and protect yourself and your children.
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Adv. Aprajita Shukla
Adv. Aprajita Shukla
Lucknow | 50+ Answers
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