About divorce case applied by My husband

Question

► From past one year divorce case is going on, My husband applied for divorce after 20 years of our marriage because of his illigal relationship with another woman, but I put an objection to not giving divorce,we have two children first girl 19 years she is not speaking and dependent on me second son sathvik studying 2nd puc, my husband not agreeing to give maintenance properly and he agreed to buy us groceries,so he bought very less quantity of groceries this month and when I asked him about this he intentionally insulted me by volger word so that I got angry and i throw the harpic bottle on the window of his house,it recorded in the camera but he is inside the house so his words didnot recorded in the camera, we are leaving in one building he lives in ground floor and me and children at first floor of our ancestors property, he is planning to show this record in court, so what should I do sir, I intentionally didn't throw the bottle on his window he used very velgur word so I got angry, latte on i realised that he did this on me intentionally to prove me wrong in court.please give me a suggestion sir,me and children are suffering from past 5 years because of his illigal relationship sir, from past 5 years he completely left us and he is not providing us any thing.

Answer 1

Dear Madam,

File (if not already filed)

Maintenance petition

Domestic Violence case

Prepare your defence for the video

Your explanation should be like:

He used abusive and vulgar language

He has been mentally harassing for years

You reacted emotionally

No intention to harm

No injury caused

This makes the incident minor, not cruelty.

Collect evidence

Proof of his relationship (messages, photos, witnesses if any)

Proof of expenses for children

Medical / dependency proof of daughter

Any past messages showing neglect or abuse

Since you live in ancestral/shared property:

He cannot evict you

You have right to residence

Answer 2

Dear Client,

The Hindu Marriage Act provides grant of divorce on grounds like cruelty and desertion. If you have been living alone from 5 years and your husband left you, and he has been in an illicit relationship and if not maintaining you, nor your children, you have a strong legal right to maintenance. Under the Hindu Marriage Act, you can get interim and permanent maintenance under Section 24 and Section 25. The Bharatiya Nagarik Suraksha Sanhita also provides maintenance for wife and children, under Section 144. The Protection of Women from Domestic Violence Act through Section 20 and 23 allows monetary relief and interim maintenance. The Court expects a regular monetary maintenance be provided to wife and children, based upon the income of the husband. Verbal Abuse and humiliation also constitute domestic violence under the Domestic Violence Act. Through the Harpic bottle incident, your husband may try to show that you are aggressive or caused damage to the property, but this act was not fatal and does not prove any physical harm. Sudden provocation can be a valid explanation to such a scenario and isolated incidents do not amount to cruelty sufficient for divorce.

Your practical course of action must be to hire a lawyer and to file for proper maintenance from your husband. You must file a Domestic Violence case against your husband and seek protection order, residence rights, and compensation for mental cruelty from him. Try to collect all the necessary evidence regarding his affair, non-maintenance of family, past abuse etc. I hope this helps you to solve your problem. If you have any further queries, please feel free to contact.

Answer 3

The best legal advice will be provided Pls contact 7839315055 to talk in detail for the case

Adv Shivangi Nanda

Allahabad High Court

About divorce case applied by My husband

3 Answers

File (if not already filed)

Prepare your defence for the video

Collect evidence