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Need a divorce after 10 years of torturous marriage
19-Apr-2026 (In Divorce Law)
I have been married for 10 years and have two children, aged 7and 5. We have privacy concerns, interference from in-laws, lack of transparency, not having a healthy relationship and many other issues. It has become impossible for me to continue adjusting and compromising. I tried for 10 years due to family pressure and for the sake of our children, but I can't continue anymore. Please guide me on a smooth separation process considering divorce after 10 years of marriage in India. Please help me.
the simplest and smoothest process is mutual consent divorce. In this, both husband and wife jointly file a petition in court stating that it is no longer possible to live together. First, the court records statements of both parties. Then usually there is a 6-month cooling period, which can sometimes be waived by the court. During this time, you must clearly settle important issues like child custody, maintenance for you and children and streedhan. After that, in the second motion, statements are recorded again and the court grants the divorce decree. If your husband does not agree, then you can file a contested divorce on grounds like cruelty or mental harassment. Along with this, you can also claim maintenance and child custody through the court.
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Adv. Vinay Singh
Adv. Vinay Singh
Indore | 25+ Answers
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To seek a divorce in India after ten years of torture, you can file for a contested divorce on the legal ground of cruelty. Indian law recognizes both physical and mental torture as valid reasons to dissolve a marriage.Â
1. Identify Your Legal Ground
Under Indian personal laws (such as the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954), you can file for divorce based on Cruelty:
Physical Cruelty:Â Direct bodily harm or assault.
Mental Cruelty: Behavior that causes such extreme emotional pain or fear that living together becomes unbearable. This includes continuous verbal abuse, humiliation, or threats. also you can file Claim Maintenance/Alimony: You are entitled to seek financial support (maintenance) for yourself and any children under the Hindu Adoption and Maintenance Act or Section 125 of the CrPC.
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Adv. Kuldeep Bansal
Adv. Kuldeep Bansal
Gwalior | 25+ Answers
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you can definitely go for mutual divorce that process will be so smooth and Short as well and if your wife is not agreeing from mutual divorce we can have a counsiling with you and with your wife explaining all the pros and cons regarding the marriage and the divorce .
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Adv. Kartikeya Shukla
Adv. Kartikeya Shukla
Jabalpur | 5+ Answers
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First thing first,
Is your husband also wants to get divorced?
The further process will typically depends on the answer to the question as stated above.
If both of you want divorce, it is less time consuming and less dirty.
Or otherwise you will have to contest the case and proof one of the grounds mentioned in the law to seek divorce.
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Adv. Manan Agrawal
Adv. Manan Agrawal
Jabalpur | 25+ Answers
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First of all it may clear you everything is possible if you and ur husband not in a healthy relationship,privacy concerns and many other issues u simply divorce him becoz in future problems creates more dangerous if u need an advocate for your location visite near district court and if u are from Chhatarpur mp i will help you
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Adv. Raja Yadav
Adv. Raja Yadav
Chhatarpur | 5+ Answers
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