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Torchering by husband and his family also supportive him for this
22-Jun-2025 (In Divorce Law)
Hi, I am pregnant for 5 months & our married on November 2023 as per Hindu religion.After marriage we continue leaving as 3 months.Due to my job location and from there side torcher I am shifted Pune location & now with my parents. During pregnancy also same husband mentally torcher going on.Please give me guidance, can I file divorce or wait for time? His behaviour issue more going with me only. Front of all he treated caring & respect for me but front of me he going to change his behaviour.
Yes, you can file for divorce from your husband. It is always better if you go for mutual consent divorce as that would save you cost and time in the long run. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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To file for divorce in Maharashtra (or anywhere in India), when the husband is toxic or abusive, you have clear legal rights under Indian law. Here's how to proceed step by step:
✅ Grounds for Divorce – Toxic & Abusive Husband
Under the Hindu Marriage Act, 1955, you can file for divorce on the grounds of:
Cruelty – includes physical abuse, emotional/mental torture, verbal abuse, threats, or harassment.
Desertion – if he has abandoned you for at least 2 years.
Adultery – if he is involved with someone else.
Other grounds – mental disorder, conversion to another religion, etc.
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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You have every right to seek legal protection and remedies if your husband is mentally harassing you, especially during pregnancy. Continuous emotional abuse, humiliation, and mental torture amount to mental cruelty, which is a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. If you are feeling unsafe or emotionally distressed, you can file a divorce petition citing mental cruelty. In addition, you can seek immediate relief under the Protection of Women from Domestic Violence Act, 2005, which allows you to approach the court for protection orders, monetary relief, residence orders, and even custody-related matters. You may also choose to file a complaint under Section 498A of the Indian Penal Code if the cruelty is severe. Preserve all possible evidence such as WhatsApp chats, messages, witness accounts, or medical records that support your claims.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Dear client based on your query, in situations involving sustained mental distress during marriage, particularly during pregnancy, one may consider available legal protections or remedies under relevant matrimonial laws based on the evolving circumstances, for relevance we can help you regarding the process and legal ways for which you can connect with us
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Adv. Kalpana Sanap
Pune | 200+ Answers
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Well, if you are able to hear the mental torture which your Husband is unleashing upon you, then you can wait patiently until the time he starts treating you properly, however, if you cannot bear the mental cruelty of your Husband, then, you can file a Case to seek Divorce from him, despite you being a pregnant!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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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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