I want to get separated from my husband
2 months ago
I want to get separated from my husband. We have been married for 5 years. He is mumma's boy. It doesn't matter to him if your health is upset or anything. He has never supported me and in these 5 years , I had to go through a lot mentally. My husband always dismissed these things. Even now he is thinking a lot to stand for me infront of his parents. He always says he loves me but his actions are opposite. I feel like I am a third person in this relationship. The relationship that matters to him the most is his blood relation and I will be probably the last person on earth for whom he will be concerned. We have a baby girl 2 years old. Now I feel like giving up. Can this issue be taken in court and fought for. I don't need anything from him . I need my baby , my mental peace and the things that my parents gave him during marriage. Bcz of this marriage, they are under debt. I am ready to give the ornaments that they gave me during and after marriage. I need no alimony as well. I just need some peace of mind . And my kid with me.
If you find the matrimonial relationship unacceptable, causing mental harassment and cruelty, you have the option to file a divorce petition against your husband under Sec.13 of the Hindu Marriage Act, 1955. This provision allows either spouse to seek divorce on the grounds of cruelty, as added by the Marriage Laws (Amendment) Act, 1976.
Specifically, Section 13 (1) (ia) of the Hindu Marriage Act permits divorce on the grounds of cruelty. If the relationship is deemed toxic and irreparable, and if mutual divorce is not feasible, you can file a contested divorce petition before the District Court. This involves presenting your case and seeking a decree of divorce based on the grounds of cruelty.
It's important to note that grounds for one-sided divorce can involve various challenges and complexities, and seeking legal advice is crucial. Additionally, if there are children involved, the Hindu Minority and Guardianship Act stipulate that the custody of a child below 5 years of age typically goes to the mother.
It is highly recommended to consult with an expert divorce lawyer before initiating any legal proceedings. Legal professionals can provide tailored advice based on the specific details of your situation, ensuring that you are well-informed and guided through the legal process.
In the given scenario, if the matrimonial relationship is not acceptable to you and that makes you upset and becomes a cause of mental harassment and cruelty, then you may file a divorce petition against your husband under Sec.13 of the Hindu Marriage Act, 1955 claiming a hefty amount of maintenance or alimony. 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. If you feel your relationship with your husband is toxic and not adjustable post-marriage and if there is no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. According to the Hindu Minority and Guardianship Act, the custody of the child goes to the mother, if the child is below 5 years of age. However, 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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