What is the divorce procedure for getting out of abusive marriage?

Ram Kunwar
surbhi jyoti crying in kubool hai

Dear Sir,

My husband has been verbally abusing me since the day we got married. Every week there is some big tamasha made out of a small thing and I have to listen to mean things from my husband and mother-in-law. They tell me to get out of their house in every fight. I had my doubts about this marriage even in our courtship period. But my engagement was broken once before and I was thinking that if this breaks it might make my parents upset. My marriage is six months old but I see no future. I am treated like a parayah and scolded for everything. If my husband makes a mistake everyone sides with him.

Last week they started calling me characterless and what not. I am a postgraduate and can rejoin my old job which I had given up after marriage. I came to my parents but they are telling me to go back. They say all this is normal and that I am having adjustment problems. Being yelled at daily is not normal.

I want a divorce now. But I am alone in my battle. Please tell me how to go ahead Sir. Also, how long will the process take? Court battles are scary. I want a clean divorce.

Advocate Ram Kunwar says:


You can seek divorce on the grounds of mental cruelty. However, please note that you can’t file for divorce unless you have been married for a year or so.

Mutual Consent Divorce: If both parties agree for Mutual Consent Divorce Proceedings then it can get finished in just over six months’ time. And you will get the smooth divorce that you want. In my observation, if you claim alimony from your husband, then he will not agree for Mutual Consent Divorce Proceedings.

Divorce on grounds of mental cruelty: If you file for divorce on grounds of mental cruelty then certainly it will take years. Be prepared mentally and financially to fight it out. However, the proceedings filed on the ground of mental cruelty can be converted into Mutual Consent Divorce Proceedings if in the course of the proceedings it is being amicably settled.

You can file divorce proceedings with the Family Court and Domestic Violence application under section 12, at the Magistrate Court which comes under your area, despite living in your husband’s house, and can take Interim Orders according to your requirement.

What you must do now is:

  • Don’t go to your husband’s house.
  • Take up your old job.
  • If compelled to go to your husband’s house, then from day one start collecting evidence to strengthen your case. In case you do go for divorce proceedings down the line, it will be helpful for you.
  • Prepare yourself mentally if you are sure to seek divorce. The court case will take years. It will take most of your resources (until maintenance amount is granted in your favour, which your husband will definitely challenge in a higher Court.)

I hope the above information will give you a clear idea on how to decide on course of action you wants to take.

Adv. Ram Kunwar

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1 comment

Natasha Suri
Natasha Suri July 16, 2018 - 6:54 pm

Being in an abusive marriage has many a times been forcefully adapted to, by many a woman. Let this not continue to happen. As Adv Ram Kumar said, if your parents too are not understanding you, be courageous enough to fight it out on your own, rather than spending an entire life time in a gulf of abuse and unhappiness.

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