Want a divorce from my husband
19-May-2023 (In Divorce Law)
Hi sir, I am Hindu female. Age is 31. I am married on 24/03/2016. My husband is addicted to alcohol, he won't take care of me till now. And he have an extramarital affair. I came to know this at 2nd month after our marriage. At that time I told him not to do such things again. He said that it would not happen again. But he secretly continuing, the same thing and I came to know. From that time I am telling him to change but he is not changing his mind. He is not taking care of me and not even giving money to household things. I have no children and I had 2 miscarriages being depressed. I can't tolerate this anymore and I want to live separately from him. Please advise me how to proceed.
You can proceed by filing a divorce petition on mental harassment and cruelty grounds. However I suggest that you send a legal notice first considering that he may want to agree to divorce by mutual consent. If you want to avail your rights safeguarded for domestic violence you can file a complaint before judicial magistrate.
Firstly being a wife, you are entitled to get maintenance form your husband ( in case of unable to maintain your self).
If you want to live separately from your husband with out divorce, then you can file a petition for judicial separation.
If you want to free from him by way of divorce, then you can negotiate with him directly or through elders/friends and if your husband agrees for your proposal, then you both can obtain divorce from a court by filing a petition for divorce by mutual consent.
If he not agrees your proposal, then you can make an application seeking divorce on the grounds of cruelty.
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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