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I want to file divorce before it's too late


04-Mar-2026 (In Divorce Law)
I have already asked my husband to divorce me .neither he is willing to divorce me nor he is staying with me .I am mentally and physically and mentally tortured by him and my in laws.he wants me to leave his house and go to my parents .he will no help me financially.and want to impose false claims on me if I go home.
Answers (5)

Answer #1
776 votes
Hello, I am Advocate Sudesh, and I understand your situation. Based on the mental and physical abuse you've described, and your husband's refusal to live with you, you can legally file for divorce under the Cruelty and Abandonment Act. You also have the right to maintenance and protection under the Domestic Violence Act. You can seek a paid consultation with me for a detailed legal strategy and an in-depth discussion of your rights. I will fully assist you in navigating the right legal path during this difficult time. Sudesh Kumar ADVOCATE LLB and LLM High Court and other Courts
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Advocate Sudesh Kumar

Adv. Sudesh Kumar

LawRato Agra | 50+ Answers
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Answer #2
601 votes
In your situation, you are not helpless under the law. If your husband is refusing to give divorce and is also mentally or physically harassing you, you have the legal right to file a contested divorce on the ground of cruelty before the Family Court. You can also seek maintenance (financial support) from your husband if he is not supporting you. Further, if you are being harassed by your husband or in-laws, you may file a case under the Protection of Women from Domestic Violence Act, where the court can grant you protection orders, residence rights, and maintenance. Even if you leave the matrimonial home due to harassment, it does not make you legally wrong. If you fear false allegations, it is advisable to keep messages, recordings, or other evidence of harassment. Please consult a local family lawyer and take timely legal action to protect your rights.
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Advocate Aprajita Shukla

Adv. Aprajita Shukla

LawRatoLucknow | 50+ Answers
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Answer #3
735 votes
in your case you need to file a divorce application put off Lucknow, there are certain that is mental disorder etc for filing a divorce you need to justify Grounds of divorces in which you provide I wouldn't say which justifies wings . willing to take divorce need to make a strong case against him can also go for criminal case as well as civil case
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Advocate Rohit Mishra

Adv. Rohit Mishra

LawRatoLucknow | 25+ Answers
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Answer #4
804 votes
you can file a petition for cruelty under the Hindu marriage act you will also file for mutual divorce within 6 months then your husband will stop you have to go through mediation you leave a child you want divorce but you'd husband is not listeming
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRatoGreater Noida | 700+ Answers
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Answer #5
906 votes
First of all, collect all the evidence against your husband while living in the same house and then file a case of domestic violence and maintenance against your husband. For more information, you can contact us on our WhatsApp number.
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Advocate Umesh Yadav

Adv. Umesh Yadav

LawRatoBudaun | 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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