Can I file divorce on my husband? Can I file divorce on my husband?

2 years ago

I am married in 2019. We live with my in laws. From the day one My husband didn't show any interest in consumating the marriage. I understand that he needs time since it's a arranged marriage. But my in laws started talking asking about baby. Then they taken me to the doctor and I was diagnosed PCOS and I got cured in three months. My doctor told us to try for baby. When I told my husband, he refuses that and he told that he didn't like me. I was adjusting that one day he will accept me. My mother died before my marriage and my dad and my brother is the only family I have.i didn't tell anything to my dad or brother because I don't want to suffer. I am working as a teacher in cbse school and I am giving my full salary to my in laws only. Always my husband tell all the matters whatever happen between us to his parents when I went to work. They always involved in all my things. Even if I get my salary I have to go and tell my father in law that I have transferred the amount to his bank otherwise fight will happen. My husband always tell that i am a maid in this house. They also always tell that our son hates you. I always do all the work in our house and do all the necessity they need it. My husband used to go for night shift. One day my father in law called my name in front of my bedroom at night and try to speak nonsense whenever I serve him food. From the next day I close my bedroom door and sleep. One day I told his actions to my husband for that he told me that i am doing this to separate him from his parents. But no I didn't, then also I am adjusting his family. But after this my father in law asked us to go and live in a separate house. My husband refused to leave his family. One day my father in law take my personal dairy which I used to write and started reading. I wrote dairy daily because there's is no one there to understand my situation and to relieve myself. Since I have written everything that happened in my dairy, bcoz of that they called my dad and brother and told them to take me home and file a divorce.My husband literally told that whatever his dad's decision he will follow. My father understand that I am mentally and physically not being well there, he told them they have tortured me so that only I have written everything there like that. And my dad taken me to our house. I have come out from my husband house on Jan 2021. Till now my husband didn't try to call me. He put me in the block list and also my in laws. But I tried to approach them to accept me since he is not talking. I went to their house with my dad and brother. On that day he slapped me and there a fight occured between my brother and my husband. My father in law have brought a knife In between the fight towards me but safely my brother stops it. Then my husband demands for my mangalsutra to be given and shouts that I am a mental. One day my sister in law called me to take all my belongings from there house. Otherwise they will keep it outside If anything happens they are not responsible like that. I really have lost all my will to go to my husband after all this. What should I do now. Till this day our marriage has not been consumatted.

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Madam,
You can file divorce on many grounds like non consummation of marriage, cruelty etc. You can even claim huge compensation for such cruelty and you have every liberty to file multiple cases like Domestic Violence case etc.

Rate me Five Star*
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
A spouse cannot file for Contested Divorce citing any reason it thinks is good enough to legally separate from his/her partner. There are specific grounds laid down under the Hindu Marriage Act, and only under these grounds can a Contested Divorce be filed in Court. In totality, Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous. But you can always prefer contested divorce u/S 13 of HMA.
If you find my answer helpful then kindly rate me.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

View All Answers

A.I am sorry to know about it but it seems you are married to wrong person and if you don't want to continue in this marriage then you can file a case for divorce and get out of this relationship. You may try for mutual consent divorce if your husband is ready for that as it will be easier and less time taking else you will have to file contested divorce.
You can file contested divorce under the ground that the marriage has not been consummated (cruelty as well as impotency)


Read a blog on How to get quick divorce in India

Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMy wife wants divorce suddenly stating the reason that she doesn’t like my behaviour after 11 years
Dear Client, Your query requires more details to address it suitably. You expressed your situation but not a cause of action that attracts a legal remedy. It is a virtual platform where in the absence...
question iconMy husband use to beat me badly
Dear Client, Cruelty is a ground for divorce in India for all the religious laws. It may be physical as well as mental cruelty. So, you can file a case for being a victim of domestic violence. Accordi...
question icontaking screenshots of spouse's phone having office chat application
Dear Client, The screenshots of chats, and text messages can generally be admissible before the court of law but are considered as secondary evidence. It must be produced along with the phone used to...
question iconDivorce
Dear Client, In case of divorce, the joint property bought by the couple by taking loan, will be divided by the Court by considering their respective contributions to the property and property's curre...
question iconDivorce certificate in Faridabad Haryana
Dear Client, A divorce decree is a document that confirms the termination of a marriage and provides information about the case, such as the reason for divorce, child custody, and property division. Y...