2 Answers
Dear Client, you do not have to live in humiliation for the rest of your life, and your financial dependence does not trap you legally.
On your question anbout immediate safety and right to leave, no person in India can be kept in a home against their will. The right to life and personal liberty under Article 21 of the Constitution is absolute. If your husband is physically preventing you from leaving, this constitutes wrongful confinement under Section 127 of BNS and is a criminal offence. You have the right to leave and take your daughters with you, and no court will penalize you for doing so.
On financial support without you having to pay for anything, this is the most important point for you to understand. Under Section 12 of the Protection of Women from Domestic Violence Act, you can file an application before the Magistrate seeking protection orders, residence orders, and most importantly, monetary relief. This application can be filed free of cost through the District Legal Services Authority of your district. The court can order your husband to pay monthly maintenance for you and your daughters from the very first hearing on an interim basis. You do not need his agreement, you do not need to pay any lawyer fees yourself if you go through DLSA, and you certainly do not need his money to begin legal proceedings. The law ensures that the financially dependent party is not left without support during proceedings.
On the grounds for divorce, the persistent rude treatment, lack of respect, confinement at home against your will, and the general hostile environment you describe together constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. In the Supreme Court case of Samar Ghosh vs Jaya Ghosh the concept of prolonged emotional deprivation combined with persistent verbal abuse and actions that violate a spouse’s mental peace and dignity were recognized by the court as constituting cruelties for purposes of obtaining a divorce.You do not need physical violence to file for divorce on this ground.
On your daughters' custody, as their mother, you have an extremely strong claim. Courts in India apply the welfare of the child as the paramount consideration, and the environment you have described is hostile, undignified, and emotionally damaging which would weigh heavily against granting custody to the husband. I will advise you to approach the DLSA helpline today itself. You are not without options and you are not alone in this.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Client,
You do not have to live in that home for the rest of your life just because you have no income. Indian law protects women from being trapped in a “jail‑like” home full of humiliation and disrespect. You can immediately seek help through the Protection of Women from Domestic Violence Act, 2005 (PWDVA) to get legal protection orders, a safe residence order, and monetary relief, and you can also file a cruelty case if the constant rudeness and pressure amount to mental cruelty. Even if you have no money, you can contact your District Legal Services Authority (DLSA) or NALSA to get a free lawyer and low cost or free court expenses, and with their help you can file a divorce petition on grounds of cruelty and ask the court to direct your husband to pay maintenance and legal costs so that your financial dependence does not force you to stay in that environment. If you feel unsafe, you can reach out to the Women’s Helpline (181) or a local NGO, which can help you find temporary shelter and counseling, and after moving out you can start the divorce process while still demanding support from your husband for yourself and your two daughters.
I hope this helps and if you have any further issues do not hesitate to contact us.