shimnasaxena (house wife) 16 December 2013

Need guidance on divorce

Hello,

I have been married for the past two years. But life has been hell for me. The details told by my husband before marriage was all false. For instance, his salary, his assets, his job were all being hyped . But I do not have any proof of it. And, after marriage I have noticed he has got all the bad habits possible - smoking, drinking, drugs, watching p*rn etc. He even beats me up when drunk. But again I do not have solid proof - but of course many people know that he drinks. I do have a baby now, who is 4 months old. I haven't been staying with my husband for around five months. He hasn't been working too for the past 10 months as well- where is the security for me and my kid if he doesn't work.

Now, I do not feel secured living with a man who has got all the bad habits possible. I want a divorce. Now my issue is that we haven't got our marriage registered. But I do not have the pictures and the wedding card. I don't want any kind of compensation as well. I just want him to leave me and my kid alone. He keeps calling me constantly - the mental harassment is too much for me to bear. I just want him to leave me in peace - but I do not have any kind of solid proof for the domestic violence caused. Only I want a divorce- but he wants to stay with me just because he can make me scapegoat. What is the procedure if the divorce is only from my end - please advice !

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Aazad Sufferer (Advocacy-Family and women oriented laws) 16 December 2013

@Querist,

Following are suggestions in your case:

1. If you can't change the man change the man but be happy.

2. If his addictions are really bothering you and he is not even working then this grounds are enough to cause a mental cruelty to you leading to ask divorce on 13ia HMA.

3. Your husband can't force you to live with him without your will.

4. Before going for contested divorce have a talk with your husband for a last time and if he says that he will become a good husband then join him but don't take it as granted.

5. When you will live with him from then onwards collect the vital proof for your case.

6. Just spent 2-3 months with him and watch his activities if he really turns out to be a good husband then compromise for the sake of your child.

7. Even though he doesn't changes then simply come out from his home with all evidences and file for divorce along with interim maintenance for child and yourself.

8. Never prolong your forgiveness on the same issues as this will only lead you to suffer.

Thanks & regards.