90,000+ Legal Questions Answered

Want divorce from my abusive husband Want divorce from my abusive husband

9 months ago

I got married in 2016, because we had intercaste marriage, we had lots of differences in culture n tradition as my husband is punjabi and I m assamese brahmin. Being in punjabi family almost what i saw is that they r drunker ..but my husband is a heavy drunker..later on we had fnancial issues..as he was terminated from his job... Before marriage was also earning but after i got pregnant i had to leave job as it was not possible for me to cop up with both. ..my in laws supported me always. But the thing is till how many days they will support... We often had fights verbally as i only request him to stop drinking as our baby was on the way....in fact wen i was 7 months preg he dragged me during fight. I remain silent..because of family reputation. Then after 3 years i got pregnant with my 2ndbaby....again during pregnancy he beat me ...as i wanted him to stop drinking as our financial status was not good.... ! But he never hears.. He used to go for parties with his drunker friends, colleagues. But from the day i got married i never went outside of my home...i sacrificed my moments because of children n again my family reputation... And i started drinking too....so that i can sleep well, many time's i wanted to do suicide dnt know why i stopped myself.. I supported him so much that i used to fight with my parents ..didn't wanted to hear anything against him...but my husband never. In fact i caught him many times when he contacted other girls to sleep...i told his mother about this but it went like a fog...! My parents used to tell me ..its ok. He is just angry. Few days back again he hitted me many times on my back...in defence too hitted him ..he started threatening me..i will murder u ...no case will b registered against me as its been 7 years of our marriage.. Thats y its high time i want to file divorce. ..is it possible????please help

Legal Counsel Vidhikarya

Responded 9 months ago

View All Answers
A.Dear Client,
Section 12 of the Domestic Violence Act, 2005 empowers an aggrieved woman or a Protection Officer or any other person on behalf of the aggrieved woman to file an application before the Magistrate seeking various reliefs under the Act— such as orders directing protection of the complainant, restraint or payment of compensation, against alleged acts of domestic violence committed by her husband or in-laws. Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Reach out to an Advocate for proper guidance and steps in the matter.
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 9 months ago

View All Answers
A.Dear client,
This is unacceptable and contrary to the law. You can file a petition for divorce taking cruelty as a ground. Additionally you can also file a criminal complaint against him under section 498A of the IPC
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 iconMarriage problem
Dear Sir, Your sister is having support from Indian Laws and she can lodge multiple cases both civil and criminal cases and also can claim maintenance.
question iconMy wife hardly stays with me what should I do
Dear Sir, First decide has to whether to continue the marriage or end it. Then file a divorce case and if you give some alimony then your wife may agree for mutual divorce. Forget about the child if a...
question iconDivorce case
Dear Client, In an application filed under Section 10 of the Hindu Marriage Act, 1955 seeking judicial separation and if the grounds for it are satisfied to the court then it passes an order for judic...
question iconHusband harrasment
Dear Client, In the prevailing situation, you have the right to file a complaint against your unruly husband who subjected you to mental and emotional abuse that amounted to domestic violence in the...
question iconMental harassment by husband staying in Pune on wife living in Bangalore
Dear Madam, Please file multiple cases against your husband and his family members. You can get maintenance easily thus he may come for compromise.