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Divorce

(Querist) 24 July 2012 This query is : Resolved 
i am 38 year old married woman having 2 daughters and my husband 1s now at the age of 49. my husband won't give me a single rupee since of my marriage and very rude and giving mentally and physically tortures. i have 84 year old mother in law who was bedridden for the last 2 years. i took care of her like my mother. my husband is wasting money and time and forcing me to bring money from somebody.i did'nt ask anything not even clothes, jewellery or going for a trip,vacation, or hotel, movie. my husband never thought to give me anything. i tried all kinds of business such as papad making, juice, pickle making and selling, giving tuitions, servant work in others home etc. but my husband didnt give me a single rupee from my hard work, earnings.i dont have father.i have mother and handicaped brother who are in shelter of my uncle.thery dont have any property. my husband sent me to beg money from my mother who are not at their position to help me.but my elder sister in law's son who stayed in our home as paying guest to complete his studies and got job from my cousin as system admin, helped me a lot. from this i started to get problem that my husband and my in laws are troubling me by saying that we are having physical relations ship,so my sister in law's son is helping me.he is 9 years younger than me and we are just like aunty and son. i dont want to stay with such people who consider me just like a servant and nothing else.i cant talk with anybody,can't go outside, cant use mobile, can't talk with my parents, can't go for shopping or can't talk inside my house etc so many restrictions on me.how can i live with them?i am educated and i opened a magazine of my own becoming chief editor. for that also my husband not paying me as salary. what i am wearing dresses, or chappals are given by my relatives. my daughter's school fees, bag everything is paid by my relatives.so why should i live with my husband?i want to give divorce immediately without any communication with my husband.please advice me.i dont have job and staying with my aunty.it's 3 months over leaving my husband and my elder college going daughter.but they did'nt contacted me at all.i want to apply for online divorce and i cant afford much fees.please suggest.Thank you.
Devajyoti Barman (Expert) 24 July 2012
At this fag end of your age it is advisable to g for divorce. Even if you wish to go for such thing you would be entitled to maintenance in accordance with the income of your husband.
pratham (Querist) 24 July 2012
how to apply online divorce?is it necessary to go to the court with my husband?he is not interested in sex and i got two daughters with 9 years of gap between them.my elder daughter is studying puc and smaller one is 2nd standard. my husband lost all properties bcz of his bad habits drink, smoke etc. he is living in rental house. he cant give me any financial help as i feel. i dont want anything. he has taken all my jewellery given at the time of my marriage, and my childern's jewels also he sold out.i am not having gold karimani also.i was kept quiet all these years because of my daughters. now they are also came to know about their father's behaviour.elder daugher is now 17 years old. she told that she wants to stay with her father because to complete her college. i just want my childrens be happy where ever they be.my small daughter is with me. my husband told me before i leave from there that he wont allow me to live happily where ever i go.and not interested to give me divorce because he dont want to see me happy without him or marry anybody. so i want immediate divorce at any cost,though i lost several years because of this marriage. everybody know my problems.they suggest me to take divorce.once i get divorce then i can try for some job.and live independently.kindly let me know that is it possible to get one sided divorce without my husband appearence?
ajay sethi (Expert) 24 July 2012
you will ahve to file petition in court for divorce .

in the alternative make an application under DV act . seek maintenance , right to stay in shared household . your husband is bound to provide you accomodation and pay maintenance . contact a local lawyer
V R SHROFF (Expert) 25 July 2012
Agreed with Shri Shetty.
File DV+ Divorce
Ask for residence of two d +ur & mtn from ur Hus.
pratham (Querist) 25 July 2012
Is there any option to get divorce online without going to court?
R.K Nanda (Expert) 25 July 2012
No such online option exist.
pratham (Querist) 26 July 2012
can i get divorce without my husband's wish?as he is not ready to divorce me.because he don't want to release me free.he want to see me suffer all time.i heard that one-sided divorce can be given if husband won't reply or not intrsd to divorce?kindly suggest.thank you
pratham (Querist) 26 July 2012
since three months i am at my aunt's house leaving my husband.he didn't contacted me or searched me.for this reason can i apply divorce?he tortured me mentally a lot and not taken any responsibility of my family.simply he is enjoying alone.i tried my level best to save our married life but now its too much to tolerate.so i want to end our married relationship soon without my husband's wish.what can i do?did the court permit me to give divorce without presense of my husbnd as he won't agree for this?please suggest.he dont have any property or any single rupee as savings in his name or in our name.so i cant ask any financial help frm him.i want to divorce him as soon as possible and want to start a new life with a good job.
SAINATH DEVALLA (Expert) 08 August 2012
Madam,
Concern and sympathy for the state of affairs in your married life.Gone through yur query and the apt replies given by the experts above.Even in the followups to the experts you were constantly criticising your husband's behaviour and his way of life.Whether you bother about the other members of your family or not you have responsibilities towards your daughters.Is'nt there any possibiity of making your husband mend his ways.Proper councelling could be of some use.If that does not materialise then your can solidly think of divorce.As requested by you there is no such online divorce system in India.Another aspect is how can you expect the court to grant divorce without the involvement of your husband?
V R SHROFF (Expert) 24 December 2013
u started residing with that paying guest 9 years younger to you!!

ALL YOUR ACT ARE IMMORAL
U DON'T NEED MERCY


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