Legal Question in Family Law in India
Divorce without mutual consent and child custody
I am married for 4 years with one son, husband is not looking after us, but not ready to divorce me either. We have been staying at my mother's house for the past 2.5 years. Not looking after the kid and there is no communication. I have been pestered for money and tortured by his parents also. That is the reason why I moved out. I do not want to carry on this relationship as my parents think that he and his parents will harm me and my son. I too am not willing to stay with him, hence I would like to get the divorce but he is not agreeing. His parents have also pestered me for money and have not even given me enough food when I was in their house. I had to pay them every month from my salary and he would also physically torture me. All my neighbors know about his rude behavior and some of his good friends also who have tried to advise him also have the same opinion about him, so please do the needful. Thanks
5 Answers from Attorneys
Re: Divorce without mutual consent and child custody
Can help in case you are in New Delhi!
Rakesh Taneja
www.tanejalawoffice.com
Re: Divorce without mutual consent and child custody
Madem,
You have a very good ground to get divorce from your husband. Hindu marriage act u/s 13 provides that on account of cruelty, which u have described here, and spearate inhabitation, are good ground for getting divorce.
So advice for you is to file a divorce petition before the Court. Also do take advice of ur local advocate for practice and procedure.
Re: Divorce without mutual consent and child custody
You can get divorce from your husband eventhough he is not ready for mutual consent. If you are in Chennai I can help you to get divorce.
Re: Divorce without mutual consent and child custody
Dear Madam:
In your case we have sufficient grounds for Divorce u/s 13 Hindu marriage act. This procedure generally takes years specially when your husband wants to contest.
An other faster and more painful way for your husband would be to move against him and his family in the women cell and make a case U/S 406, 498 A. The fear of imprisonment and other facts will hasten your divorce.
Please feel free to get in touch with me for advice.
Re: Divorce without mutual consent and child custody
You can file for divorce on grounds of Cruelty and harassment.However you will have to give spcific instances with proofs of acts of cruelty. it is difficult to prove cruelty, though.
You can also file a criminal case under sections 498 A and 406 IPC. Here again you will have to give details of the acts of torture/cruelty by your husband/in-laws.
You must also remember that these accusations are very difficult to prove. Such cases take very long time to come to finality. Besides it is expensive to get into such litigation. So the first step must be to talk to your husband and make him agree for divorce on mutual consent. Only after all efforts to recoincile/settle the case out of court fail that one should think of filing a case in the court.
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