How to take divorce

5 years ago

I was married in 2006.My husband is an irresponsible man. He is liar, drunkard, an animal like man. We have a daughter of 9 years old. I'm a government teacher from 2012.He was misusing my payment n beating me also. Now I don't want to live with him. I have filed 498 case against him but he is not willing to leave me. In this case what should I do to take immediate divorce. Please give some suggestions.

Previous Question

Next Question

Adv Poonam Manoj Sapate

Responded 5 years ago

A.Dear Ma'am,
File a divorce case under the ground of Cruelty.
You will get the divorce.
For more details Contact
Adv Poonam Sapate.

Helpful

Junaid Ali Khan

Responded 5 years ago

A.Engage a lawyer through vidhikarya, he will help you in drafting your divorce petition.

Helpful

Neeraj Kumar

Responded 5 years ago

A.1) First file a police compliant against your
husband.
2) Then go whereever you find yourself
safe.
3) And now file a divorce petition.

Helpful

ROBERT D ROZARIO

Responded 5 years ago

A.you can either go for judicial separation or divorce on the ground of cruelty. Since your husband is drunker, it's most likely you will get the custody of your daughter from Court.

Helpful

ANSUL BHUTA

Responded 5 years ago

A.Fie the divorce petition

Helpful

Ayantika Mondal @ Prime Legal

Responded 5 years ago

A.File a divorce on the ground of cruelty. If contested you will not get a result quickly but finally a solution will come and you will get relieved at some point.

Helpful

Vijay Raj Mahajan

Responded 5 years ago

A.Firstly there's nothing like immediate divorce, even if both parties agree for divorce by mutual consent, that too takes 6 months to finalize in usual manner unless the Family Court waive off the 6 months waiting period.
As far as your case is concerned, I don't think it will be very good idea to seek divorce at present circumstance only on the ground of his drunkard and abusing habits, you can seek decree of judicial separation for now to keep him out of your reach to avoid further domestic violence against you and your daughter. After one year of getting decree of judicial separation and non resumption of conjugal relationship, you will get good ground for divorce and maybe by that time he himself agree for the divorce by mutual consent after settlement of all the disputes between both of you.

Helpful

Suneel Moudgil

Responded 5 years ago

A.when did you filed the case? and what is the present stage of case?
you have an option to file divorce case on the basis of cruelty mentioning the contents of 498A complaint,
being in govt job, you might not have filed the maintenance case. have you filed?
is your daughter in your custody? if yes, have you filed maintenance case on her behalf?
call/mail for a detailed discussion

Helpful

Anonymous

Replied 5 years ago

I filed my case on 27/11/2018.Till now challan is not done against them. Yes, daughter is in my custody. N we filed maintenance on her behalf.

Suneel Moudgil

Replied 5 years ago

Good going, keep it up.
No need to go for divorce now, it's too early, wait for few months things will automatically turns in Your favour,
Concentrate on your case.....

Anonymous

Replied 5 years ago

Challan is done against him. But he denies to give divorce now also. What should I do to be free from his grip?

Suneel Moudgil

Replied 5 years ago

as earlier said, be calm and wait,
everything has a PRICE so does our need, if you want to be free from her grip, you have to pay (cash, kind etc) for that
if you show your eagerness for divorce your husband will surely make unsocial/unethical demands from you like withdrawal of cases, no alimony, no maintenance, etc
better to keep your eagerness a secret and wait for the right time,
once he starts paying maintenance, he will come for settlement

Anonymous

Replied 5 years ago

It means I should forget about divorce for sometime

Suneel Moudgil

Replied 5 years ago

Yes, for sometime

Read Related Answers

Wrong address

Dear Madam, You have to voluntarily appear before the Court through Advocate and participate in the proceedings by getting certified copies otherwise it may go ex-parte.

live in relationship

Dear Client, Section 13 of the Hindu Marriage Act provides for the grounds of divorce. If a spouse has deserted the other one for a continuous period of not less than two years immediately preceding t...

NRI fraud

Dear Client, it is prime to establish that there was a marital relation between you 2, if married then you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police...

Spouse having affair in her office

Dear Sir, Yes, you can do the same and the employer may cooperate with you to avoid dirty situation in the office premises.

Divorce

Dear Client, In the given scenario, when your divorce petition is sub-judice before the Court, you can serve a strong legal notice to your husband to refrain from defaming your name in society or at y...

Read Blogs on Divorce

Unraveling the Dynamics of Infidelity: Wife Cheating on Husband

Unveiling India's Long Separation Divorce Laws

Mutual Divorce Guide: A Smooth Process

One Sided Divorces in India: Legal Steps and Complexities

Steps in Divorce Procedure Kolkata: A Guide

Divorce Lawyers

Kolkata

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

View Full Profile

Arvind Tripathi

Allahabad

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.