Free legal Advice - lawyers Forum

Legal service India => Marriage => Topic started by: yds on August 14, 2016, 09:56:59 AM

Title: need help to get divorce
Post by: yds on August 14, 2016, 09:56:59 AM
Respected Lawyers,
Thank you for starting this forum and helping people like us.
I got married in October, 2015, my husband never showed interest in me like he is not at all bothered about my needs at his home, my feelings(how a newly married couple want to be) he used to behave like a stranger living in the same home. my parents got to know that im unhappy with him and questioned him about his behavior, he always didnt give a proper reply to me or my parents, in reverse he abused me and said do whatever you want i will not change and be the same. in February my parents came to his home and discussed his behavior with his family members, after the family discussion they gave us privacy to sought out the problems among us. he used all the abused word to me as i pointed him before everyone and said that im character less girl, he marriage me without dowry and done a great favor to me, my mother begged him to marry me, he is not having feelings for me and this non-sense stuff. i really got fed up with him and thought of leaving with my parents when i was about to leave his family scolded him and he said don't leave now give me some time.i stayed and said him if this behavior repeats i'll leave but he is the same again, in this time he used to force me in nights to have sex without my interest and gave me mental torcher. i called my brother and said the things happened so he came to my in-laws home to take me, my husband done a big drama, he shouted in front of my brother, he has thrown my things, bags and challenged me i'll see how u will leave now, somehow  got out from the home and went to my parents with my brother. so i left him in February.
i got afraid and didnt file any case against him at that time. for 2 to 3 months discussions went on in our families, he came to my parents home thrice and said very casually come back this wont repeat, i cant believe his words and go with him. im waiting for the one year completion of marriage
he don't want to give divorce as his promotion depends on me(if i stays with him then only his brother helps him in getting promoted), he wants me to stay with him just for his mothers and extended family sake to keep up his family status.

 my weakness related to case are:i dont have proofs of his harassment and my parents are worried if he files any case against me that i left with my brother to my home and secondly his brother works for high court and he works for district court though both of them are not lawyers they have strong back ground.
i just want to get out of this marriage for which i want experts suggestions for my doubts:
1. does he have any chance to file a case against me or my parents or my brother? i dont want to trouble them
2. im just a lecturer getting 10k per month, my father is a kidney failure and heart patient and my brother expenses goes for his treatment.i think i should bear all the cost of divorce process, is there any alternative for this?
3. i want to go for mutual divorce for not wasting time and money, but he is not giving divorce, what should i do?
4.he is very smart(already working in legal domain) and behaves very nicely in front of others and makes false promises i dont want to get into his words and go back to him

please help me with the questions i mentioned above and welcome all type of suggestions you give me.

Title: Re: need help to get divorce
Post by: advjaibansal on August 14, 2016, 07:43:32 PM
Dear Ma'am,

Please speak to your husband for getting divorce on the grounds of mutual consent. If he is not ready then file the cases for Dowry harassment, domestic violence and other cases. You may also file for divorce on the grounds of cruelty.

Its a good thought that you don't wish to trouble them. But if husband is not ready for mutual consent divorce then you have to file some cases. Chances are there that once you file the cases, he may immediately settle and give you the divorce on the grounds of mutual consent as you are not asking for anything as settlement amount or something.

Moreover he and his brother both are govt. servant working in courts hence chances of settling the matter is very high. Please don't worry that they may try and influence the court or something.

Title: Re: need help to get divorce
Post by: yds on August 15, 2016, 08:08:24 AM
thank you very much for you advice Mr. Advjaibansal but sir i dont have proofs for his behavior, will it work if i file case on grounds of cruelty and domestic violence?
Title: Re: need help to get divorce
Post by: advjaibansal on August 15, 2016, 05:24:14 PM
Dear Yds,

Your statement itself is the biggest evidence before the court. Please don't worry about the proof, make sure some witness is there in the case and please give specific incidence with dates and time. Normally in matrimonial cases its not possible to have actual proof as husband or wife cannot be expected to become calculative in their relation and start collecting proofs. The drafting of the complaint and petition is most important in any case.

Please retain a good lawyer, get the drafting done and then file before the court.