Help needed on divorce procedure

Yes, Mam, you can file Divorce on the ground of cruelty which is provided  U/S 13(ia) Hindu Marriage Act. 

So now coming to your second concern that is maintenance for children. Yes you can claim maintenance for children as well in Divorce proceeding by moving two application one is U/S 24 of HMA( this is maintenance for you) and the other one is application U/S 26 Of HMA ( In this application you can ask for custody of your children as well their education expenses. 

So now your 3rd concern is in relation to your property, I would suggest you to please file Suit for Declaration as this will clear your share in the property.

Now your 4th concern, yes you can ask for residential rights in his home in your Domestic Violence case(although you may only get a rent from his side)

Thanks,

Regards,

Aman Chawla

Originally posted by : Reji
	Hi, I'm married in the year 2006 and was living in an abusive relationship. My husband used to fight with me and beat me in angry since 10 days of marriage onwards. many times i filed police case on domestic violance but never had courage to go for divorce. I'm working lady and having 2 kids. We bought house and registered in both of us name i paid EMI for the house for long 6 years and my husband now paying emi for last 1.5years. All household items i purchased in emi option which always drawn from my account. also i maintained house expenses as well with my salary. Husband's contribution was much less. When it comes to pay kids education fee, i used to make every time and this time i hesitant to pay the fees as i dont have money at the righ time and husband made big quarrel and paid the fees with jewel loan. he took my jewels n took mortgage against that. It's been 2 years we dont have any physical contact and we are not talking with each other for last couple of months. Any communication medium is via kids and live in a house. He nowadays beating children a lot and i dont know what to do. Can anyone suggest if i file divorce will i get custody of my kids and will my husband pay 50% of education fees?  Also though i paid housing loan and will i get any chance of getting my own house. Please pour some light on this. Also would like to know the divorce procedure as well. Please help. Thanks in advance

You are a educated woman so you wont get any alimony.  Your husband is natural guardian hence he will also get custody of one of the kids or both the kids.  If he wont get custody of kids, you will have to look after the kids expenditure.  He will have to contribute towards expenditure of the kids but if he does not pay anything which appears to be the case till now, nothing much can be done.

Till 18 years of age only kids can claim maintenance and not after that.

You wont get any maintenance as you are well educated.  Max you can claim alimony for 1 year making bahana of unemployed wife.

As you want s*x you should arouse husband.  Try to provoke him to have s*x with you.  With two kids and long marriage s*x drive dies slow death.  Innovation should be your forte.

If you want divorce you can file divorce under HMA Sec 13 1 a.  but with 2 kids and host (partition of the house, who paid how much, bills of payment, who will get how much share etc plus share to children in future) of problems court wont grant divorce to woman or even the man.  Court will play with your petition for 10 years and then dismiss it.

If you want quick divorce you take  mutual divorce.  But with 2 kids and uncertain future about income for self maintenance and children who will want to marry you in case you succeed to have divorce?  Just think about it.  Your ideas are self-damaging, self-destructing.  What you have many don’t have, nurture and nourish it even if your husband is aloof while you have it.  Try to bring him to your track, your life is almost over, now is the time for not seeking divorce.  But to adjust with each other.  By this time you both should have come to understanding that things are like this, if you want you can improve things or simply stay as you are.  Don’t spoil childrens future for your ego and increased s*x drive.

Don’t feed a advocate and his family at the cost of your family.