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How to file for divorce on ground of cruelty


24-May-2023 (In Family Law)
I am swapna I have 34yrs old ..I married when I was at the age of 18years old it's arranged marriage with in two years we separated and he left me d my son later I studied and working in one of private company....last three years am living in relationship with a guy that time I given 12lakh rupees for his business .recently we married in register office and three of his friends are witness.after marriage he is going with other girls at night and not taking care of me like not giving money for food d basic needs...if I question him he wil hit me with belt and stick ,scolding like anything he torture me like anything infront of me he wil talk to his girls in mobile.....the home what we staying is my dad's property nw he telling me to write the building in my name..and his brother is staying same building different portion so if any of his girlfriend cald him he wil go to that portion and talking with her....now he telling me that he is going to marry other girl
Answers (5)

Answer #1
595 votes
Swapna garu, you did not mentioned what exactly you want. whether you want divorce from your husband or you want to proceed legally for his illegal acts like maintaining relationship with other girls and beating you.
Answer #2
956 votes
Hello Swapna,

You did not mention whether your first husband and you have separated legally or out of court. If you both have separated through a decree of divorce from the jurisdictional family court, then there is no problem in your doing second marriage. However, if you did not obtain divorce from your husband through the jurisdictional family court , then your present marriage is null and void in the eyes of law since you did not dissolve the marriage with your previous husband through court. You may face problems if your previous husband goes to court and objects to your second marriage. Be that as it may, since there is no communication from your husband and as there is no chance of his reappearing in your life again and you have done court marriage with your present husband, you are wife of this husband and if you think that the issues between you and your present husband may not settle, file for divorce under ground of cruelty in the jurisdictional family court and proceed further. Hire a lawyer, he will guide you through the process of filing divorce petition in the family court. If you need my help in filing the case, please feel free to contact me.
Answer #3
786 votes
Madam,
you can file 498A IPC in the police station for the harassment and also file DVC for the home harassment. as he is harassing you you can approach police station for more relief and if he set right it is okey other wise you can file criminal case against him. as you claim you got marriage previously it is automatically null and void as your case fall under desertion more than 12 yrs. you can contact me for more details through this media
Answer #4
953 votes
Dear Client,
Information is insufficient. Whether you have divorce with your first husband. If so, then you married another person in Registered Office. Whether you father and mother are alive. You put the matter before elders, mediators and well wishers. You must come out of from the clutches of your husband as early as possible. You ask him to go away from the house of your father. Whether still you are in employment and earning your livelihood. If so you need not depend upon him. Then work for yourself. Throw him away from your life and live peacefully, if possible lonely. Whether you got children with him or through your first husband. Why did you give 12 lakh rupees. Take continuous legal assistance and act according to legal advise.
Answer #5
693 votes
Hi,
In this regard you can file divorce on the ground of harassment and cruelty and as he is staying in your fathers property he can be evicted . If you have proof of his illegal contacts with other womens you can take that also and he can be booked for his acts. For further assistance you can file through the website.

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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