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my mom age 49 wants a divorce due to mental and physical abuse


30-May-2023 (In Divorce Law)
my mom and myself (age 29 married ) came out from my fathers home because of mental and physical abuse from the start now am married and came out of the house and my mom cant handle my father and wants a divorce but my father is not agreeing for a mutual concent so how can we get a divorce (at the age of 18 me and my mother attempted sucide because we cannot bear the mental torture by him and went to my grandfathers house at the age of 20 with my mom and my father gave a notice through court and tortured us daily by bad words and we gave a complaint through the police station asking him to stop this mental abuse) but we dont have any proof other than this above mentioned things to prove the physical and mental abuse till date how can we prove it court when filing for divorce on grounds of physical and mental abuse.
Answers (3)

Answer #1
588 votes
Good morning Yes your mother can file divorce petition against her husband under section 13(1)a of Hindu marriage act It means cruelty against your mother by your father And you can file maintenance also If you want further assistance let me know
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Answer #2
882 votes
The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and non-bailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both.
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Answer #3
722 votes
we can absolutely file for divorce petition in the court of family judge. since you are a major you can stand as a witness to the harassment that your mother has gone through the hands of your father. you can stop there just the there, or you can go ahead and file for domestic violence and bring criminal charge for your father. get in touch for more information
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