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Initiate Divorce proceedings against husband


10-Apr-2026 (In Divorce Law)
There is lot of fight and bickering in our marital relationship since yrs. Since 2024 we are living separate life though under same roof having totally no interference in each other's personal lives, just for our kid. But time to time husband makes defaming remarks and fights bitterly in front of child or outsiders maligning me. This damages my reputation and will damage my child's psychology.I want him to leave as the house is my company's acco. Can I file divorce on ground of mental cruelty?
Answers (5)

Answer #1
792 votes
You can definitely seek divorce on the ground of mental cruelty and also you can proceed with filing a DV case they both can work simultaneously. Court recognized bickering, defamatory remarks, and creating a hostile environment especially in front of your child and others as mental cruelty. Even if you are living under the same roof, the fact that you are leading separate lives strengthens your case. It is advisable to record these incidents (messages, witnesses, recordings if available) to support your case. Based on detailed facts, a proper strategy can be planned for divorce and related reliefs.
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Advocate Areeb Ansari

Adv. Areeb Ansari

LawRato Mumbai | 25+ Answers
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Answer #2
625 votes
Yes you can file a divorce proceedings on a ground of cruelty repeated defamation, public humiliation, and constant fights, especially in front of your child are recognized by courts as mental cruelty.
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Advocate Pragati Patil

Adv. Pragati Patil

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Answer #3
503 votes
Filing for divorce on mental cruelty is possible, but proving it requires proper documentation. Interim relief (like protection orders, maintenance, or residence orders) can also be sought under PWDVA or CrPC. The child's psychological impact is a serious factor—courts prioritize the child's best interests in custody/visitation decisions.
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Advocate Santosh S. Gaikwad

Adv. Santosh S. Gaikwad

LawRatoNavi Mumbai | 50+ Answers
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Answer #4
891 votes
Yes, you can definitely proceed with a divorce on the ground of cruelty. As you mentioned that both of you are living in the same house but there is no marital relationship, it strengthens your position. However, it would be advisable to first discuss with your husband and see if he is willing to opt for a mutual consent divorce. Ensure that all important aspects—especially regarding the child and his responsibilities—are clearly discussed and agreed upon. This approach will save both time and money. If mutual consent is not possible and both of you are unable to come to common terms, you still have the option to file a contested (one-sided) divorce petition. Additionally, if the situation at home involves serious cruelty, harassment, or continuous disturbances that are affecting your dignity and mental peace, you may ask him to leave the house. In case the situation worsens, you also have the right to approach the police for assistance.
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Advocate Archana Dubey

Adv. Archana Dubey

LawRatoMumbai | 25+ Answers
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Answer #5
830 votes
Step 1: Hire a Lawyer A family court lawyer will draft your petition properly
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ 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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