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Need to Divorce my husband. He is physically abusive.
31-Mar-2023 (In Divorce Law)
I have been married since 4 yrs and have been mentally and physicaly harassed by my husband since then. My family dsn't support me as they say every husband is same. But I have reached the saturation point of baring all this ans now want to divorce him. I have no children yet.
Is it possible to take divorce etven if my own family is not supporting? If yes, how and what measures should I take? our mrg is registered in chandigarh court.
First of all, we suggest you to draft a complaint in writing and get it registered at the nearest police station under section 498A of the Indian penal code and under the protection of women from domestic violence Act.
Further, incase you want to seek divorce from your husband you can file divorce petition under Section 13 (1)(i)(a) of the Hindu Marriage Act 1955(assuming you are a Hindu).
With respect to your second question on maintenance, you shall be liable to get alimony / maintenance from your husband under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings.
However the above mentioned procedure is a lengthy process and will consume a lot of your time.
The other option available for you is to file a Mutual Consent divorce under Section 13 B of Hindu Marriage Act 1955. But this is only possible if your husband is willing to give you a divorce as well. So you will have to enter in a MOU /agreement with your husband wherein you will have to specify the terms of your divorce such as alimony/maintenance and custody of your children. This process is faster and cost effective.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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