I want to file divorce case for mental harrasment and domestic violenc

Question

I want to file divorce case for mental harrasment and domestic violenc

18-Aug-2025 (In Divorce Law)

I want to file divorce on the basis of domestic violence and mental harrasment . My husband is mentally unstable . I don't want any alimony . Only want to get rid of him

Answers (5)

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Adv. Antra verma Adv. Antra verma

Lucknow | 50+ Answers

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Advocate Lalit Kumar LawRato · Accepted Answer · 2025-08-18T23:10:14+05:30

Answer #2

You can file a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act on the ground of cruelty due to domestic violence and mental harassment, and also under Section 13(1)(iii) if your husband is mentally unstable. Since you do not wish to claim alimony, the same can be clearly mentioned in the petition. Proper supporting evidence such as medical records, complaints or witness statements will strengthen your case. I can assist you in drafting and filing the petition before the appropriate Family Court to ensure you obtain relief at the earliest and are able to live peacefully without further harassment

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Adv. Lalit Kumar Adv. Lalit Kumar

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Advocate Ashish Agarwal LawRato · Accepted Answer · 2025-08-19T08:32:34+05:30

Answer #3

Greetings. Domestic violence complaint and divorce petition will be filed separately. We shall require evidence in support of your contention of use of force by the husband and instances when the husband caused mental and physical harassment. FIR under Indian Penal Code (Bhartiya Nyay Sanhita) should be filed for Domestic Violence and also a Complaint to the Judicial Magistrate shall be filed. Divorce proceeding is also to be filed separately on grounds of cruelty and domestic voilence.

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Adv. Ashish Agarwal Adv. Ashish Agarwal

Lucknow | 50+ Answers

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Advocate Tarun Pant LawRato · Accepted Answer · 2025-08-19T12:04:22+05:30

Answer #4

yes you can file the case of divorce as ur husband is mentally unstable it comes under the term cruelty.. u can either annul the marriage or get divorce based on the mental health of your husband.. it would be filed in the family court lucknow and will require marriage photos and marriage card

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Adv. Tarun Pant Adv. Tarun Pant

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Advocate Aishwarya Panday LawRato · Accepted Answer · 2025-08-19T14:40:27+05:30

Answer #5

You can file a divorce petition under Section 13 of the Hindu Marriage Act on the ground of cruelty, which includes physical violence and mental harassment. Since you do not want alimony, you can clearly state this in your petition. Collect and preserve medical records, police complaints, or witness statements to support your case. The court will consider your evidence and grant divorce if satisfied. Engage a family court lawyer at your local district court for drafting and filing.

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Adv. Aishwarya Panday Adv. Aishwarya Panday

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