Divorce - my husband want to spoil my life
5 months ago
my husband want to spoil my life by not giving divorce and drag it forever, i was abused physically, sexually, emotionally, verbally, mentally for 16years.. i want to get out of this relationship and couldnt bare his torture anymore. what is the solution
A.Dear Client,
Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. A few illustrations of mental cruelty are listed below: Severe mental pain, disappointment, and frustration making it impossible for the other party to further continue the matrimonial relationship would constitute mental cruelty. The appellant must be subjected to mental cruelty continuously for a longer period. The behavior of the other spouse must cause apprehension in the mind of the appellant. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. You may consult with an Advocate on the issue for guidance and steps. In case you need any assistance in this regard, you may contact our legal team with details of your case.
Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. A few illustrations of mental cruelty are listed below: Severe mental pain, disappointment, and frustration making it impossible for the other party to further continue the matrimonial relationship would constitute mental cruelty. The appellant must be subjected to mental cruelty continuously for a longer period. The behavior of the other spouse must cause apprehension in the mind of the appellant. Either of the spouses can seek the decree of divorce on the grounds of cruelty that is to say the ground is available for both husband and wife and both can file a case against the other. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence. You may consult with an Advocate on the issue for guidance and steps. In case you need any assistance in this regard, you may contact our legal team with details of your case.
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A.Dear client
Keep records of any incidents of abuse, including dates, times, locations, and descriptions of what occurred. If there are witnesses, try to gather their statements as well. This documentation may be useful in legal proceedings. If you are facing immediate danger, you may consider seeking a restraining order (also known as a protection order) to legally prohibit your husband from contacting or approaching you. If you have decided to end the marriage, consult with your attorney to initiate the divorce process. They can guide you through the necessary steps and help protect your rights and interests.
Keep records of any incidents of abuse, including dates, times, locations, and descriptions of what occurred. If there are witnesses, try to gather their statements as well. This documentation may be useful in legal proceedings. If you are facing immediate danger, you may consider seeking a restraining order (also known as a protection order) to legally prohibit your husband from contacting or approaching you. If you have decided to end the marriage, consult with your attorney to initiate the divorce process. They can guide you through the necessary steps and help protect your rights and interests.
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A.Dear Madam,
You can file multiple cases including contested divorce case with huge alimony. You may file 125 CrPC and claim interim maintenance.
You can file multiple cases including contested divorce case with huge alimony. You may file 125 CrPC and claim interim maintenance.
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