Mental torture and fights over property
2 months ago
Me and my husband bought a joint property worth 75 lk in 2013. My husband is planning to sell the property and keep all money with him. We have been married for 17 years and our fights over money has been increasing way too much. I have been equally contributing to house hold expenses and he wants all the expenses to be in 50-50 manner. Over the period of all these years I have given him a lot of money amounting to 40lk to him however he has been paying the EMI of the house. I would like to file a divorce and keep this house to myself. I don’t want any alimony but would like to have my son custody. Do I have legal rights to this house? Can I file a divorce due to mental trauma due to these fights over money
A.Dear Client,
If you have substantial evidence of the mental cruelty and harassment you've endured from your husband at your matrimonial home, you have the option to file a complaint under Section 12 of the Protection of Women from Domestic Violence (PWDV) Act, 2005, either before the Protection Officer or the Magistrate. Section 17 of the Act grants aggrieved women the right to reside in a shared household.
Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, either spouse can seek divorce on the grounds of cruelty. Mental cruelty, in this context, refers to conduct endangering mental health and causing apprehension to such an extent that continuing the marital relationship is injurious. Evidence such as audio, video, or written documentation can be submitted to support the claim.
If reconciliation is not possible and mutual divorce is not an option, you can file a one-sided or contested divorce petition before the District Court, seeking a decree of divorce and claiming maintenance/alimony. In the case of dissolution through divorce, custody of a child below 5 years is generally awarded to the mother. However, under the Guardians and Wards Act 1890, when a child reaches 9 years of age, their preference for custody is considered. The Court, on appeal for custody, takes into account the child's preference, and custody may be granted to the father if the mother is deemed unfit.
Before initiating a contested divorce petition, it is highly recommended to consult with an experienced divorce lawyer to obtain proper legal advice.
If you have substantial evidence of the mental cruelty and harassment you've endured from your husband at your matrimonial home, you have the option to file a complaint under Section 12 of the Protection of Women from Domestic Violence (PWDV) Act, 2005, either before the Protection Officer or the Magistrate. Section 17 of the Act grants aggrieved women the right to reside in a shared household.
Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, either spouse can seek divorce on the grounds of cruelty. Mental cruelty, in this context, refers to conduct endangering mental health and causing apprehension to such an extent that continuing the marital relationship is injurious. Evidence such as audio, video, or written documentation can be submitted to support the claim.
If reconciliation is not possible and mutual divorce is not an option, you can file a one-sided or contested divorce petition before the District Court, seeking a decree of divorce and claiming maintenance/alimony. In the case of dissolution through divorce, custody of a child below 5 years is generally awarded to the mother. However, under the Guardians and Wards Act 1890, when a child reaches 9 years of age, their preference for custody is considered. The Court, on appeal for custody, takes into account the child's preference, and custody may be granted to the father if the mother is deemed unfit.
Before initiating a contested divorce petition, it is highly recommended to consult with an experienced divorce lawyer to obtain proper legal advice.
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A.Dear Client,
In the given situation, if you possess strong evidence of mental cruelty and harassment you faced at your matrimonial home from your husband you can file a complaint under Sec.12 of the PWDV Act, 2005 before the Protection Officer or the Magistrate. Section 17 of the Act casts a right to aggrieved women to reside in a shared household. 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. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce claiming a hefty amount of maintenance/alimony from the husband. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
In the given situation, if you possess strong evidence of mental cruelty and harassment you faced at your matrimonial home from your husband you can file a complaint under Sec.12 of the PWDV Act, 2005 before the Protection Officer or the Magistrate. Section 17 of the Act casts a right to aggrieved women to reside in a shared household. 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. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce claiming a hefty amount of maintenance/alimony from the husband. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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A.Dear madam
You may immediately file divorce case and seek big alimony apart from retaining house for yourself. Never vacate the house and give exclusive possession to your husband.
You may immediately file divorce case and seek big alimony apart from retaining house for yourself. Never vacate the house and give exclusive possession to your husband.
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