I want a divorce from my husband and he is not ready to give the divorce. Earlier I had once filed for divorce and in the third hearing, I took back the case because he requested and promised me that there will be no further issues.
My Husband Is Threatening Me
Things didn’t work out and the situation has remained the same. I have two kids. Again I asked him for divorce but he says that he wants the son and if I agree to that then only he will give me a divorce. He has nobody with him who can take care of our son while he is away at work. If I let my child live with him it would affect the child’s future which I don’t want.
Related Reading: 15 Warning Signs You Need A Divorce
We are living separately now
We are living apart for nearly 7 years. At times he even threatens me that he will create issues in the society where I live and at my workplace too.
I asked my children whether they would like to stay with their father but the kids don’t want to be with him either. How do I get out of this situation and get a divorce?
Register a case against him, file a divorce suit along with domestic violence and maintenance under 125 CRPC. It depends upon your children with whom they want to stay. But ensure you file a domestic violence case against him.
Initiate Mutual Divorce
If the relationship between the parties has hit rock bottom and both the spouses have jointly decided to split according to the law of the land, then either party can initiate ‘mutual divorce’ according to the Hindu Marriage Act, 1955. Either party can file for divorce even if any one of the parties is unwilling to file for divorce and then it is widely known as ‘contested divorce’.
Related Reading: 10 Things To Do When You Are Thinking About Divorce
Financial support is needed
Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce.
Maintenance is paid by the husband either every month or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.
The family court will fix the maintenance amount
The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle she was used to at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either every month or in the form of a lump sum.
Related reading: Divorce By Mutual Consent – Bridges Vs Battlegrounds
Hire a lawyer
A divorce lawyer in India must be hired to file or defend a maintenance petition in India, in addition to a divorce petition and other legal formalities. The maintenance rights of a woman are governed by the personal laws applicable to her and the maintenance rules differ under Hindu, Muslim, Christian and Parsi laws.
Hope things work out for you
Related reading: 12 Co-Parenting Rules For Divorced Couples