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One of my lady friend is going through mental trauma these days
30-Jun-2026 (In Divorce Law)
One of my lady friend is going through mental trauma these days and seeking help.
Her husband doesnt allows her to move out of house, and she wants to get separated from him. She was married to him at a temple few years back and there was no court marriage done. Sometimes he also beats her and give her mental trauma, checks her phone all the time,
So, does she has the right to file for divorce on grounds of adultery, cruelty, and desertion under the Hindu Marriage Act, 1955 ?
From your narration, allegations of physical assault, mental harassment, controlling behaviour, restricting your movement, and constantly checking your phone may amount to cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. If these allegations can be substantiated with evidence, they may constitute valid grounds for seeking a decree of divorce.
However, regarding adultery, a divorce petition can be filed on this ground only if there is credible evidence that the spouse has voluntarily engaged in a sexual relationship with another person after the marriage. Mere suspicion or doubt is not sufficient. Therefore, unless there is concrete evidence of adultery, it would not be advisable to plead this ground.
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Adv. Anmol Sharma
Adv. Anmol Sharma
Faridabad | 5+ Answers
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Yes, if t
he marriage was solemnized according to Hindu rites and ceremonies (including a temple marriage with essential ceremonies such as saptapadi, where applicable), it is a valid marriage under the Hindu Marriage Act, 1955, even without court registration. She can seek divorce on legally sustainable grounds such as cruelty if she has been subjected to physical assault, mental harassment, coercive control, or emotional abuse. However, adultery musl years before filing the petition, so it may not apply on the facts stated. She may also seek immediate protection, residence rights,
maintenance, and other reliefs under the Protection of Women from Domestic Violence Act, 2005. She should consult a local family law advocate to assess the evidence and initiate appropriate legal proceedings.
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Adv. Usha Gehlot
Adv. Usha Gehlot
Sonipat | 5+ Answers
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Desertion under Section 13(1)(ib) will not apply unless husband has abandoned her continuously for at least 2 years.
For adultery, there must be clear proof of physical relationship with another person. Mere suspicion is not enough.
She may also file complaint under Protection of Women from Domestic Violence Act, 2005 for protection, residence, maintenance, and safety. Police complaint can also be made if physical assault continues.
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Adv. Raman Sahu
Adv. Raman Sahu
Hisar | 25+ Answers
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Yes, based on facts mentioned, your friend can approach the family court, but let's clarify a few legal points first. Since marriage was solemnized at a temple with proper Hindu rites (saptapadi, kanyadaan etc.) and no registration was done, it is still a valid marriage under Hindu Marriage Act, 1955 — court registration is not mandatory for validity, only advisable for documentary proof. She can rely on temple priest, photographs, witnesses to prove marriage.
Regarding grounds: cruelty (both physical, i.e., beating, and mental, i.e., trauma, restricting her movement, constant surveillance/checking phone) is a valid ground under Section 13(1)(ia). Desertion under 13(1)(ib) requires continuous abandonment for 2+ years, which doesn't seem to fit here since husband isn't letting her leave, rather opposite scenario. Adultery under 13(1)(i) would require independent cogent evidence of extramarital relationship, which hasn't been mentioned in facts — cannot be presumed.
Alongside divorce, she should also consider filing for Protection Order and Residence Order under Domestic Violence Act, 2005, and can file police complaint under Section 85 BNS (cruelty by husband) for immediate relief and safety, since restriction on movement plus physical abuse is a cognizable matter.
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Adv. Neha Gupta
Adv. Neha Gupta
Kurukshetra | 100+ Answers
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helo i am advocate Ajay Godara form Hisar Haryana mana app ki puri detail check kar le ha please case ki puri detail send Kara taki ham app ki puri help kar saka app hame whtup ya email kar sakta hai app ki puri help ki jaya ge app Hame whtup ya email kar sakta hai app ki puri detail send Kara taki ham app ki puri help kar saka
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Adv. Ajay Godara
Adv. Ajay Godara
Jind | 25+ Answers
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Vipul Arora
She is not having any proof of such activities inside the house. As how can you record activities of mental harassment, controlling behaviour, restricting movement, and constantly checking the phone.
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