Divorce
rini
(Querist) 03 February 2015
This query is : Resolved
if a woman asks for a divorce will it be granted or not if the husband is not willing to,i am 7 months pregnant know and since the time i have concieved y husband has not bothered to take care of me neither has assisted to any of the hospitals,nor given any medical expenses.my husband thinks that a woman is meant only to fulfill his lust.i am sick of his behaviour and want to give him divorce,i am also being tortured by my inlaws for dowry and other costly gifts please suggest a way to get out of all this.
Nadeem Qureshi
(Expert) 03 February 2015
Dear Rini
You may file a divorce case based on cruelty u/s 13(1)(ia) of Hindu Marriage Act-1955 if both of you are Hindu.
you may also file a domestic violence case against them before magistrate u/s 12 of Protection of Women from Domestic Violence Act-2005 read with section 18,19,20,21,22 & 23 for protection, residence, maintenance, child custody, compensation and ex-party orders.
If you are unable to maintain yourself then you may file a maintenance case against your husband before family court u/s 125 of Cr.P.C.
if possible then try to settle the matter amicably and go for Mutual Consent Divorce u/s 13(B) Of Hindu Marriage Act-1955.
You may also file a criminal case against them before police or court u/s 498A/406/34 of IPC for dowry harassment and cruelty.
Feel Free to Call
Rajendra K Goyal
(Expert) 03 February 2015
When your marriage took place?
Life may not be better after divorce, it may prove to be difficult for you and your child.
Try to save marriage. Take help of relatives, family friends and effective people of society. if marriage can not be saved try for mutual consent divorce.
if no solution possible move as advised by the expert Nadeem Qureshi.
Devajyoti Barman
(Expert) 03 February 2015
Do not give him divorce so easily as he must eyeing for ths only.'Against the tortures file case u/s 498A IPC and under PWDV Act for maintenance of yourself and the child, once born.
T. Kalaiselvan, Advocate
(Expert) 07 February 2015
If you think of divorcing your husband, you have to think of the grounds to seek divorce, discuss with a lawyer and decide.
