(Guest)

Need to know the steps for divorce

I am a 33 years old research scholar and getting scholarship to support my research. I have been married (Hindu) since 5 years. I have a daughter of 1.5 years old. From the beginning of my marriage I am having problem with my husband and in-laws. Many times I was physically and mentally tortured by my husband. Now, it is like that I am no more interested to continue this relationship, though my husband is repeatedly pretending to be sorry for whatever have happened. But the fact is I have lost all the emotional attachment with them. From last 8 months he was in abroad and I was taking care of my daughter alone. My father is also staying with me since feb 2015. Couple of days before my husband has returned all of a sudden after loosing his job. He is repeatedly saying sorry and to accept him otherwise he will commit suicide. It has happened many times that he physically tortured me and later came saying sorry and again did the same thing. However, I strongly think that, staying with him is only ruining rest of my life. So, I want to go for divorce. I would like to mention that I want to keep my daughter's custody after divorce.

Kindly, advice me how can I proceed.

Thank you

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2 Replies

saravanan s (legal advisor) 31 May 2015

i think he is suffering from severe depression.try to take him to a psychiatrist and see whether he changes his attitude once he gets a job.if he still continues the same then you can divorce him.first convince him for mcd.if he doesnt agree then file a contested divorce on grounds of cruelty.giving suicide threats itself is cruelty on you.

(Guest)

Thanks a lot for the reply. I tried taking him to a local counsellor but didn't help. He doesn't seem to be agreed for mcd.In that case I have to file a contested divorce. My question is how long it generally takes to get the divorce? What is about the child custody in that scenario? How can I prove his cruelty? Certainly he is not going to accept that in the court! Once I called women helping while he was assaulting me but withdrew complain when they called me back fearing the reputation in the society. In short, I do not have any evidence that he used to assault me physically.