Legal Question in Family Law in India
Divorce
I am 30 years old with one 5 years baby boy. We married on 1998 May. Now I want divorce from my husband. how do I do this and is there any compenset from my in laws side? My husband tortures me a lot. he is not a mankind rather than an animal. please help me. I am in stress.
6 Answers from Attorneys
Re: Divorce
The religion under which marriage took place decide the divorce law. Cruelty is the ground for divorce under hindu law. Permanent alimony for compensation is the answer to your second part of question.
Re: Divorce
firstly we need to know the religion you belong to . your child is eligible for maintianence regarding your self it depend upon if you are employed. you can file a case for divorce on grounds of cruelty . you will have to mention acts of cruelty done by your husband
Re: Divorce
you have not mentioned your religion. However, you have a right to file a petition of Divorce against your husband on the ground of cruelty stating therein cruel acts of your husband datewise with proof if any. Regarding compenset qurey : You have the legal remedy to claim maintenance for youself and your baby.
Re: Divorce
You may file a case for divorce on the ground of cruelity. If you are Hindu then you can file the divorce case under Hindu Marriage Act in the court of District Judge of your district. Compensation from In- laws can be claimed by twisting the facts involving them in case. Take advise from a lawyer.For any other query you may cal on my mobile No. 09873343288.
Re: Divorce
such animals must be killed by gunshots and if women is at fault she must be killed too. i hate giving advices in matrimonial disputes but i have to help the people in distress too.
these matrimonial disputes are rising like hell.... anyway i have sympathy with all those who are suffering due to bad behaviour of their partner but i also feel that tolerance of people in general has reduced considerably.
anyway..
first you can file cases for compensation under criminal procedure (section 125 Cr.PC) and matrimonial laws (section 24 HMA). claim maintenance for your child too.
second you can file divorce petition on grounds of cruelty under section 13 of HMA
if possible try to be with husband IF POSSIBLE...... its good for the kid too..... IF POSSIBLE ONLY , if you think that he can be a good father
Re: Divorce
You are entitled to seek divorce on the ground of cruelty if you are suffering torture in the hands of your husband and/or his parents/relatives.
You are also entitled to compensation in the shape of "Permanent Alimony" or a monthly compensation towards your maintenance. Besides, you are also entitled to return of all your stridhan, i.e., the cash, jewellary and other articles of house hold use which were brought by you from your parents house at the time of marriage or after marriage.
Please let me know the financial status of both the families - yours and that of your husband; as also education and social level in order to help me in guiding you the approximate amount of compensation you may be entitled.