Gayathri Gopikrishna 16 October 2017

Divorce while pregnant

Hi, I'm a software engineer of age 27 and I'm married for the last 1.5years. It's was a love arranged marriage. I am 5months pregnant now and I need an immediate divorce. I knew ever since we met that my husband was an alcoholic and a weed smoker. But I was promised that this would end post marriage. Although his smoking has been cut down he continues to be the alcoholic and beats me bottoms down each time we have an argument about these habits. A few times I've been beaten up so bad that I had ankle sprains and mark all over my body. Things haven't changed even after the pregnancy news and now I'm worried for my child. I have spoiled my life. I don't want my child living in this hell. Please advice! Thanks.

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Gayathri Gopikrishna 16 October 2017

I would also like to clarify that I do not need a single penny from him. I just need my child's safety and complete custody. The stress that I'm going through at this phase of my life is already over the top. So there is not much expectations now. Just fear and prayers!

manoj 16 October 2017

you have right to file number of cases against your husband, but you are not interested in that, I hope you can approach the court for divorce explaining the circumstance, the court will grant divorce in your situation.

manoj

advocate

8686159292

(Guest)

plz dnt take divorce for such minute things, atleast in the interest of unborn child, divorce is not the solution, try to settle the marital bond in an amicable way.... Regrds... Balachander Reddy Advocate, Mobile # 9959850723

Vijay Raj Mahajan (Advocate) 16 October 2017

The physical cruelty on you by continuous hitting you and mental cruelty by harassment even during your pregnancy period by continuing bad alcoholic and drug smoking habits that has bad affect on the whole family are good ground for divorce. However the best solution in such cases is divorce by mutual consent that can be worked out during the pendency of the main petition for divorce filled by you.

The divorce by mutual consent can be filled by both parties only if they have been living separately for 1 year and in your case your 5 month pregnancy will show that you have not been separate from each other for 1 year to fulfill this condition.

You can seek maintenance for the child after its birth from your husband as that is a responsibility of both to share but if that too you are not looking forward, his right as a father to meet and enjoy the company of the child after the birth you cannot avoid even if you get complete physical custody of the child either by mutual agreement or through court, this fact you must keep in mind.

Before you move out and file for the divorce you must keep all your istridhan or your absolute property at your possession to avoid and confrontation on this account and filling all those criminal complaints to get these from his possession.

The marriage is not so old hence there won’t be any issue with regard to jointly owned immovable or movable property between both and if there is, let this issue be resolved before the dissolution of marriage.

Keeping all these issues in mind you can move forward and file for divorce.

vijaymahajan5758@gmail.com

gunwant c Tule (advocate ) 16 October 2017

you can file divorce petition before the family court.

(Guest)

What you need is not divorce. You need protection. You should immediately find the protection officer of your city and file a domestic violence case against your husband. You should seek maintenance, protection and injunction orders. You should also collect and save proofs of violence against you that could be useful to you both in winning DVC and divorce case later if you want to remarry.

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