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Scared of filing for divorce with husband


04-Apr-2025 (In Divorce Law)
Myself reeti,one and half year back i have already filed a petition against my husband but later he came and compromised and tooke back but now again since 1yr he is mentally torturing me ,body shaming and not even giving my gold back which as promised in court.can I file for divorce as I am staying at same residence with him .I am actually scared for filing for divorce as he is drunkard and can make rukus at nights and will push me out of the house with my 4.5 yrs old baby .what to do plz sugge
Answers (1)

Answer #1
574 votes
Dear Reeti, you have every right to file for divorce on grounds of mental cruelty, as per Section 13(1)(ia) of the Hindu Marriage Act. Continued harassment, body shaming, and non-return of gold articles despite court promises amount to cruelty. Since you fear harm, immediately approach the Magistrate under the Protection of Women from Domestic Violence Act, 2005 seeking residence orders, protection orders, custody of your child, and recovery of your gold. You can also request police protection. Simultaneously, file a divorce petition and request interim relief from the court to remain in the shared household safely. Legal aid and women helpline services can also assist you.
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