(Guest)

Help on divorce

Respected,

One of my friend got married in 2012, She was mentally tortured by in laws so she started staying at her parents home.

After 9 months her husband promised her staying apart from his parent's and also that he will be good to her. she went with her husband and stayed in a separate home. But her husband started getting physically violent and its been many time that she was beaten badly and abused.

It has been many times there after the incidence she comes back to parents home and again she is left with no option and return to her husband's place.The situation is the same every time.

She is now planning to get divorce from her husband.But its little complicated as he may not support the decision.

Please help with the procedure require for Divorce a she is not aware of the approach.

Hope for your support.

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5 Replies

Adv k . mahesh (advocate) 20 June 2014

she can approach a lawyer with your help and discuss with him to get divorce on mental torture physically and in mean time if she is not working she can ask for maintenance also

satish bhaskar (Litigant) 20 June 2014

File divorce case, mention above all and other events in it. Prove it is all true.

Laxmi Kant Joshi (Advocate ) 20 June 2014

contact to a local lawyer state everything to him collect the evidences of his cruelty and then file the case u/s 13(1)(i- a) of hindu marriage act in the family court where at present she is residing i.e from her parents home , if she is not doing any job or not having any source of income then she can file case u/s 125crpc for her maintenance.

Sudheendra (Social worker ) 20 June 2014

@software developer

First has your friend been able to file a police complaint when she was physically assaulted ...???

If not it is recommended that the elders of both the families gather and discuss to find out if the issue can be sorted out for the future of the couple and the their families.

If the husband and his family can give in writing with a couple of witnesses stating they will take good care of your friend then, then your friend can be convinced to live with her husband for good.

Approaching marriage counsellors can be a good option to sort out the issue.

If everything fails, she will be left with no option but to file a case against the husband.

Even courts provide counselling before letting the matter go to court for separation.

If the husband chooses not to agree for divorce by mutual consent, the whole issue might turn out to be very discouraging, demoralizing and a very tedious process unless a very good lawyer is hired by your friend.

P.S : As marriages and separations will have their costs and impact on the minds of both the families, as also it carries a social stigma with it, it is recommended that best efforts are made to try to sort out the issue in the interest of helping the couple lead a happy life.

Take time and decide wisely,

Good luck ...