want to divorce my husband because of his mental disorder and cruelty

I go married in Jan 2014 against the wishes of my parents and have a 5 month old baby girl. my Parents raised objections saying my husband was not mentally unstable but i overlooked it then. after a while i started to notice behavioral changes in him.

he does not treat me well. i was facing cruelty at his hands so i left him and currently staying with parents. he is abusive at times and threatens to commit suicide. His parents too dont support our marriage. i am unemployed and have to look after my baby too.

what should i do?


Assuming you are hindus,

Your marriage is governed by Hindu Marriage act.

Incase you do not wish to stay with your husband then you can file divorce under Section 13(1)(ia) and Section 13(1)(iii) that is ground for cruelty and divorce on ground of unsound mind. 

Further you can file application for maintenance under section 125 of Cr.P.C. and section 24 of the Hindu Marriage act.

Also you can file case for custody of your minor child under Section 12 Guardianship Ward Act. Since the child is very young so  you will get the custody of your child

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