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Procedure to file for divorce for cruelty as husband denies the same


03-Feb-2023 (In Divorce Law)
Respected sir/madam, My husband lives in canada since 4 years and before that he stayed in US for 7 years. we are married in 1998 and have 2 boys aged 18 and 12.we are Christians from the begining of marriage he ill treated me without having proper job and he got parents and 3 sisters and one brother. once he got the ob in US from that time he spent all the money on them without telling me sent lot of money to them but i dont have any evidence always he fights with me for petty reasons and did man handling many times.he hates my parents , my sister and my children too now. but he wont give divorce he acts very good in front of outsiders and in society. but when it comes to us he shows his real behavior. he got property from his parents which is a small flat but everything he gave to his elder brother.. the whole family is bastards. just actors.I got only my father who is 80 yrs old and my mother passed away in 2014.I have a younger sister who is married and stays inus. please advice
Answers (3)

Answer #1
642 votes
Hello madam,

You can file divorce case against your husband asking him to pay permanent alimony and you can also file 489-a and DVC on the ground of cruelty by your husband against you. You can also file maintenance case against him.

Answer #2
703 votes
Hi According to your query you can file the divorce petition by the following procedure, Section 10 in THE DIVORCE ACT, 1869. You can file the petition in the district court and the marriage will be dissolved on the ground since the solemnization of the marriage, The respondent as treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent, so accordingly your husband treated you very badly since the marriage and beaten you so many times by stating above reasons you can file the divorce petition, for further clarifications you can contact us at any time.
Answer #3
852 votes
Hello Madam,

If you dont have evidences also not an issue, but do you know the company details where your husband is presently working and properties registered on his name, bank account details, aadhar and pan number, because you can prove his salary / income, so that you can file a petition for maintenance, if you want you can avail other remedies also.

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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