Need Divorce

vanitha (Querist) 27 March 2008 This query is : Resolved
I got love marriage in a temple(only boy's family members and my friends came) in the year 24.06.2005.after marriage both our parents accepted and i was living in the boy's house...my father bought me all the necessary household things(fridge tv washing machine etc) and also gave money every month.boy is having drinking and smoking habit....from the time of marriage the boy dint settle in any proper job,even if he got salary he spent only for himself..i went for job and mostly depended on my parents only(im the only child to my parents).on june 25.06.2006 my father conducted a anniversary reception function inviting both side members and friends....by august 2006 i got conceived and by may 12 2007 i gave birth to a girl baby....for non of the aspects the boy or the boy's family took responsibiliy of my self or my daughter....but they r forcing me i have to live with that boy,wherein that boy is not taking proper care of me and daughter,whatever money he is getting he is just spending for drinking.not earning,used to scold in bad words after drinking and personally hurted..he has also used bad words about my parents.....
im no more willing to live with him,cos i feel if i continue to live with him im getting mental torture as well afraid of bringing up my daughter in as good manner...
suggest me how shall i apply for divorce...

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Guest (Expert) 27 March 2008
You can obtain a divorce from your husband on grounds of "cruelty". Please contact a lawyer (preferably female) who specialises in divorce proceedings.

octavious (Expert) 27 March 2008
HELLO,

DIVORCE CAN BE VERY PAINFUL PROCEDURE FOR BOTH YOU AND YOUR CHILD.

I WOULD SUGGEST THAT BOTH YOU AND YOUR HUSBAND GIVE A TRY TO MARRIAGE COUNSELING, AND IF STILL THE ISSUES DON'T GET RESOLVED THEN GO FOR DIVORCE.

IF YOU LOOKING FOR ALTERNATIVE TO DIVORCE, THEN A SIMPLE COMPLAIN UNDER DOMESTIC VIOLENCE ACT FOR CRUELTY CAN BE FILED THUS PUTTING A STRONG DETERRENT TO THE ACTS OF YOUR HUSBAND AND IN LAWS AND ALSO APPROACH CIVIL COURT FOR INTERIM INJUNCTION, AND THUS RESTRAINING YOUR HUSBAND FROM ENTERING THE CURRENT HOUSE YOU AND YOUR HUSBAND/IN LAWS RESIDING.

THANK YOU
OCTAVIOUS

SANJAY DIXIT (Expert) 28 March 2008
Facts narrated by you denote the cruelity of your husband against you.You may file the suit for divorce in the local matrimonial court/ family court on the ground of cruelity (mental as well as physical). You may also file the case for litigation expences & maintenance for you and your minor daughter.

Deepak Rikhari (Expert) 31 March 2008
I will suggest you that first of all you need to resove ur problem with mutual understanding. You need to talk ur husband about this. If the issue dont get resolved then u need a marriage counselor, for this, you have to contact with a counsel of your local jurisdiction. If the issue dont get resolved then u can talk to ur husband for mutual divorce. But if he is not agreed then u can file a case for divorce on the ground for cruelity, for this you have to contact a lawyer. If you want then you can also file a case for maintenance for you and ur daugher.