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(Guest)

I want divorce from my husband but filed rcr in court on advocates suggestion

I need divorce from my husband as he harrashed me for money, mental harrashment ,he always harrash me for his father's death as I'm a bad luck to his family that's why his fatherdied due to heart attack and he doesn't like our daughter too,he always force me to get pregnant again n again for conceiving a baby boy where he threatens me to get abortion done for 3-4 times if it is a girl again,as per my advocate suggestion I filed rcr and mc cases on my husband but still I told my advocate that I need divorce from my husband in my first meeting only,but my advocate suggested this rcr help me out to get rid of my husband and I don't need maintenance from him I need maintenance only for my baby only


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 7 Replies

G.L.N. Prasad (Retired employee.)     16 December 2021

Trust your advocate, more facts in person from you and act as per his/her guidance.

P. Venu (Advocate)     16 December 2021

If you are unconvinced of your advocate's profeesional competency, you may engage another one of your choice. 


(Guest)

I told my advocate everything about my husband behaviour and also he has rummy addiction where he lost huge amount for online gaming,they sold their houses thinking that they need to give share to my daughter without informing me about the selling of properties n he doesn't save anything from his salary too

Anaita Vas   16 December 2021

Cruelty, Mental or physical is a valid ground for divorce in religious as well as secular laws in India. Section 13 of The Hindu Marriage Act, 1955 provides for dissolution of a marriage by a divorce based on several grounds, and one of them is cruelty. Section 27 of The Special Marriage Act, 1954 provides for the grounds of divorce and it also talks about cruelty in marriage. By Cruelty, we think an act of physical violence against a person by another but it also includes any kind of emotional and mental harassment or pressure and is a valid ground for getting a divorce decree passed by the court having jurisdiction in India. To judge an act of cruelty, it is important to see the effect of such an act and if the effect is either of harm, distress, trauma or insult the act is a cruel act. You must hire a divorce attorney to know about the concept of cruelty and about the divorce procedure, that is to be followed further. Physical violence is not the mere ground for divorce but mental cruelty that may include verbal abuses and filthy language which will lead to cause a mental disturbance to the victim is also a ground for divorce in India.

 A contested divorce is where one spouse wishes to dissolve the marriage based on the acts of the other spouse. First, you must:

  1. File a divorce petition in a family court with appropriate jurisdiction
  2. Summons will be issued to the other spouse
  3. A written statement from the spouse should be provided
  4. Evidence will be dealt with
  5. Arguments will take place between the parties
  6. The final divorce decree will be passed.

 

Regards,

Anaita Vas


(Guest)

Can please read the post and I told my advocate everything in my first meeting itself and more over I have provided evidence of dowry harrashment ,he verbally harrash me all the time,in such way that I get scared of him and listen to his words,in such situation he wants to get my property from my daddy,he used to talk nonsense about me all the time for property ,he always use abuse words towards my character and made me characterless women stating I have bad character,even he threatens me that he will make my character bad if I expose about his loans and game addiction,

Kawmini Liyanage   17 December 2021

Greetings!

Section 9 of Hindu Marriage Act, 1955 (HMA) provides for restitution of conjugal rights (RCR). It states that if one of the spouses abandons the other without any reasonable cause, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights.

Since you wanted to get separated from husband RCR does not grant you the relief that you are seeking. The Hindu Marriage Act of 1955 governs the regulations related to marriage and divorce Law. The nine recognized grounds are laid out in section 13(1) which can be used by any spouse to file the action. For your reference they are mentioned below;

  • Adultery
  • Cruelty
  • Conversion
  • Desertion
  • Insanity 
  • Leprosy
  • Presumption of Death
  • Renunciation
  • Venereal Diseases


the applicable ground your regard is "Cruelty" along with the divorce it is wise to file a custody case for the custody of your child as well with that the maintenance claim can be made. According to recent Supreme Court judgment it was held a father has an obligation to pay maintenance and take care of the upbringing of his child until they reach the age of majority. Urvashi Aggarwal v. Inderpaul Aggarwal .

Regards,
Kawmini Liyanage.
 

 


(Guest)

He is giving some amountly for babys maintainence in which I use the amount to save for babys education and this is not like he is giving in interest of child but he wants show everybody as if he is liking baby and and more over it's like he wasn't ok to give for maintenance when I told him that I will file case on you and on your family then he started to give money,before he used to take money from me or he shows his bank account as zero balance even if it is next day of salary credit day and says that it's my salary do watever you want to do ,I won't give you my salary and more over he told me to use my emergency amount which my dad used to give me whenever I go with my husband for in laws and for each and every thing he asks money even if it is food also he takes money if he pays money for restaurant food and that too he takes total amount even he eats the food like that so many incidents where takes all my money saying that I can't afford u and baby expenses alone so u give me money from ur savings,


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