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Eswethamam (manager)     11 May 2015

Divorce

Hi All,

 

I have been married for 2 years and a few months. My husband is an alcoholic, and a substance abuser (Weed) on a daily basis. He harasses me every time he drinks, he abuses me, fights with me and hurts me. I found out 10 days into our marriage and have been trying to stop him from drinking, he lies, hides it, and does everything to keep drinking. Tried taking him to a doctor, and he does not want to get better. His parents have also given up on him and my parents tried talking to him but he says he will change but does not. 

I came away and have been living on my own for 1 month now, and want to file a divorce unable to bear the torture. 

Even if he agrees to a mutual divorce, i doubt he will stick to it since he does not want to get separated. I'm worried this will drag on forever. Can somebody help me understand the following situations:

1. What wil happen if we file a mutual consent divorce, but he later withdraws it before the 6 months?

2. Can i file for a contested divorce after he takes back the mutual divorce agreement?

3. Can i directly file for a contested dirvorce, if so how long do you think this might take and what should i be ready for. 

4. I do not have proof of him harassing me, other than emails and whatsapp messages where he gets agressive and abuses my family and me. But I do not have any kind of recording of him literally harassing me, threatening me, or beating me. Is what I have enough?

5. Could you suggest something that would help me get out of this early, I cannot bear the thought of going back to him and want this nightmare to end as soon as possible. 

Thank you in advance!

Best regards.



Learning

 9 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 May 2015

To early to opt for a divorce I presume.2 yrs of marriage and just onemonth of separation.Though a habitual drinker, could be cured by a good counsellor or a psychiatrist. My opinion is to get him treated and can be cured,though not instantly. It is very easy to breaka marriage than to get united.So involve elders of both the families and try to change him.

saravanan s (legal advisor)     11 May 2015

if he withdraws the consent for mcd anytime between six and eighteen months the case will be dismissed.

yes you can file a case for contested divorce if mcd is dismissed

file case through a lawyer and it will take anywhere between 3 to 4 years

file divorce u/s 13 on grounds of cruelty

dr.pawan rajyan (member and secretory)     11 May 2015

Try for mutual divorce if he withdraw his consent go for contested divorce on cruelty base but it takes 3-4 years for contested divorce.

dr.pawan rajyan (member and secretory)     11 May 2015

Sms and whats abuses are enough to prove cruelty for divorce.

SuperHero (Manager)     11 May 2015

Sorry for your situation OP.

You have already moved out. So you are safe now. 

What are your Plans after divorce? Please think, Listen to your HEART and take the step. 

Dr J C Vashista (Advocate)     12 May 2015

It is premature to predict, try out some counselling before taking extereme step of divorce, which can be moved any time whenever both or either of you may like, whether contested or mutual.

T. Kalaiselvan, Advocate (Advocate)     12 May 2015

1. What wil happen if we file a mutual consent divorce, but he later withdraws it before the 6 months?

The mutual consent divorce case will be dismisssed without any relief.

 

2. Can i file for a contested divorce after he takes back the mutual divorce agreement?

Yes, you can and can mention this also as an additional evidence for the cruel acts by him. 

 

3. Can i directly file for a contested dirvorce, if so how long do you think this might take and what should i be ready for. 

Yes, ou can directly file a divorce case against him, the period cannot be predicted, itmay take years to get disposed.

 

4. I do not have proof of him harassing me, other than emails and whatsapp messages where he gets agressive and abuses my family and me. But I do not have any kind of recording of him literally harassing me, threatening me, or beating me. Is what I have enough?

For indoor harassments and acts of cruelties, within the four walls, there cannot be any evidence, hwever the evidences in the electronic media can be utilsed to corroborate your averments and alegations against him.

 

 

5. Could you suggest something that would help me get out of this early, I cannot bear the thought of going back to him and want this nightmare to end as soon as possible. 

 

It is your life that how you are going to endure a life with him any more without any hopes of he recoving from addictness or whether the elders intervention will make him alright or whether a counselling session with a god marriage counseller would change him and his habits. Decide it is your life and you are matured enough to take proper decisions which would ensure your future too. 

Anandan Rajamanicam (Engineer)     13 May 2015

Dear T. Kalaiselvan, sir,

I appriciate your efforts on most of the guidance given.. God bless you.. you are giving g8 support for people they are in trouble,  Thanks Keep it up...

Biswanath Roy (Advocate)     14 May 2015

Considering your given facts I say as follows,-

1. In mutual consent divorce if one of the party withdraws his/her consent divorce petition will be dismissed or rejected.

2.. Yes , you can.

3. Yes, directly you can file contested Divorce which may take 3 to 6 years for disposal.

4. E-mails and Whats app will prove harassment & cruelty can be assumed..

5. There is no other alternative excepting Divorce.


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