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Radhika (secretary)     05 June 2015

Divorce required, how to proceed

Sir / Mam,

My 13 years of marriage, i dont live happily.  I live in chennai.  My husband is a business man (he is well money person).  He always biten me for all small things, he want i will be slave for him.  misargument continious from the second month of marriage itself.  We have a son 7 years old, im live for him only, now i cannot tolerate the rude words and bitting me so much.  My parents also depend with me (father had a attack with stork) so they also me. im working, but my money all i spend for the family only. I am middle class family, not enough money to spend.  If i  apply for divorce, how much cost will be? how to proceed this? any contact no. of lawyer please provide.

Also my son wants to my custody, i checked in website the 7 years old boy will belong to father as he is well  settled? is it true? please help me.


 9 Replies

N R Dash.. (Advocate)     05 June 2015

Radhika, do consult with a local advocate to guide you after thorough evaluation of the facts and evidences you have. Any generalized reply to your queries in this forum shall not solve any purpose.


There are many technicalities in presenting the divorce and guardianship petition which cannot be stated in this forum. The petition shall be presented including your facts and evidences and as per the legal provisions and practices in your local court. Dont be a doctor to your own disease. Consult with a good lawyer.



Is there a chance to bring a change in him by way of mediation and counselling?

K.P.Satish Kumar (Advocate)     05 June 2015

You have all the right for child custody. And you can apply divorce on the ground of cruelty.

saravanan s (legal advisor)     05 June 2015

try to convince your husband for mcd.if it doesnt work file contested divorce on grounds of far as court expenses are concerned you can claim interim maintenance and pendente lite u/s 24 hma (assuming you both to be hindu) from your husband.



rajesh   05 June 2015


I am a married person from last 11 years..I am 40 years old man ... i am just thinking of getting separated from my wife.. I am undergoing many problems with my wife from last 9-10 years. I have two sons ..10 yrs & 6 yrs ... The reason of separation is that my wife's peculiar behaviour .... I just dont know what to do .... i and my parents have been suffering from very long .. Actually I am an south indian brought up in North India and I am married to a North Indian girl... This is not a love marriage ...Actaully i and my family follow satsang / spiritual group and we are followers and practising from very long years.. through some common freind of ours the marriage alliance came to us and the girl's parents also visited my house to see me .. and they saw our family members and our background  they found satisfactory ..but the girl's parents are not as per our standards and background.. status issues was there ..but we said we will see the girl and then we will say OK ... we found girl is pretty and she was a simple homely girl..we said OK for marriage also.. but after some time later after marriage , her behaviour were going very different ...means her nature was becoming very possesive, rude, not respecting my parents ..arguing with every body..every 10-15 days we have some quarrels with each other also and with my parents and my family members...for small small things she starts creating big big issues ... she starts shouting at everybody and closes the door from inside keeps shouting and cursing everybody for long long hours lonely .. for small small things she gets angry and tried to commit suicide several times.. she always threatening me and my family that i will commit suicide and write all your names and go...she started thinking everyone as negative person, and always talk about destruction, separations , threaten to kill my children... suddenly she changes herself to very good and caring ...

there are many things and incidents which took place in my marriage tenure... now i wanted complete solutions to overcome from this trauma which is I am undergoing ...I am not able to concentrate on my work and mentally upset of peculiar behaviour of hers old age parents are upset and other family members are upset ..... i dont know what to do .. we tried to live separately also but nothing has been chnaged till date ...I just want my children to be with me only as there will be threat to children's life if i get separated from my wife .. 

Pls revert with solutions to proceed further ...




SuperHero (Manager)     05 June 2015

  • @Rajesh - Please open a different Post...
  • @Radhika - 
  • 1. First consult a local advocate and explain him the situation. Pay the fee to the Lawyer.
  • 2. If you are working maintenance will be low and for Child he has to Pay maintenance and for his upbringing.
  • 3. If you have left on your own will from matrimonial home, then you may not be entitled to maintenance.
  • 4. If he agrees for MCD and he may give you permanent alimony. He may claim for child custody.
  • 5. Okay in case if he doesn't agree for MCD. You might file an Contested Case.
  • 6. He will hire an Lawyer since he is also earning and to fight for the case. Then Case Court trials will start.
  • 7. Do you have evidences for Cruelty. such as Photographs, Emails or Chat Conversations or any recordings. If not How will you prove that in court?
  • 8. Just my Husband shouted, Yelled at me doesn't add any value in the court. Courts, Judges need evidences. 
  • 9. Both will start roaming courts, for this both of you need to have Lot of Patience....or Patience will automatically come in....
  • 10. How long the Case will go??? As long as it can be....,,why do I say this for a Celebrity Hit and Run case, where people were killed who were sleeping on the foot path, the case is still going on....
  • 11. Are you the only Child for your Parents? Do they have any income? or they dependent on you?
  • 12. Just talk to elders, try to settle the case amicably. If not then step into courts.
  • Wish You Good Luck..Pray to God....

rajesh   05 June 2015

different post means...



U post UR query separately in another rhread,U will not be answered here.



If U have left the matrimonial home due to cruelty and harrasment he has to pay maintenance.My sincere advice is try to settle the matter within the four walls instead of running after courts.

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