I am lady aged 26 yrs, living away from my husband for 2 years. I like to have divorce but he dont want to?

Question

I have 2 daughter one is 9 years old living with my husband and other 15 mon living with me , born after we seperated.Reason he used to beat me and insult me infront of everyone.One day when he tore my clothes in front of evryone, i decided to leave.Irony, is that mother n brother didnt took my side and i am living alone and earning bread to survive.Ater some year of marriage he left the work and I used to do petty work s and used to support my family and kid.When I left i had no idea that i am pregnant, when i realized i asked him that i am coming but he didnt listened, under very hard condition i gave birth to my 2nd kid with support of my frs and started working.He always ask for money when i used to visit my 1st kid, then i left it .My life was hell when i was with him , insult n beating black n blue.It took me 2 years to decide that i want divorce at any cost but he is not willing to gave me?I also dont wont my 1st kid as she is very happy with his father?Please advise ?

I even asked him to get the DNA test done , which will show that my 2nd kid is her daugther and he is biological father.Vut he said i dont believe in this.Even my 1st daughter doesnt want me now, they have poisioned her mind.I have accepted it as fate.If she want to live happily with her father it is fine.But please advice how can i get the divorce ?I dont want to be called this man wife?

I am from India, staying at Delhi.

Answer 1

First of all, regroup the courage and stamina that you seem to have lost a bit due to perpetual harassment and mental torture. You are only 26 years old and the whole world lies in front of you. Leave him!! Also for the time being part with your daughters and don't get bogged down in who is their biological father.One day when they grow up to be of your age they will themselves find out the truth.If they come to you for solace, give them. Otherwise, let them live wherever they want.
Your mustering up the courage is important as you have to live your life and overcome this trauma.
Get in touch with a lawyer and state facts. A case will be made out and you file it in the family court. By no means cringe and beg for any mercy from any one.If you stand on your feet, the whole world will be at your command.
I salute you and wish you all the best.

Answer 2

All I can tell you is my experience. I tried to reconcile with my ex about a year after our divorce and it was a disaster. The first couple of months were good and then it was constant harassment about the same old things and more. I was never unfaithful when we were married, but I could never live down the fact that I dated after our divorce. He could not get past that. I think we stayed together for 6 months and that was the final chapter. I am so much happier without him. Unfortunately for him, nothing in his life has changed. He still is a very angry, bitter person and thinks he is a victim of the world. Don't waste any more time. Life is too short and if you have reached this point, I think it is what would be called "The point of no return". By the way, we had been married for 17 years. Please don't waste another precious day on him!

Answer 3

This guy sounds horrible. Don't listen to the psychiatrist. You've been abused by this guy for over 2 years. I'm concerned for your first child as well. She is young and impressionable. Do you want her to grow up watching how her father treats her mother? She is high risk for being sexualy abused by this man. He needs to be prosecuted for abuse and the first child given back to you. Get the divorce. Get your children together and stay away from him. If he touches you again MAKE SURE you get photographs of the marks he makes on you for your attorney. Go to the police if he touches you or verbally abuses you. If you have anyway to voice record his threats, DO IT. It's evidence in court. Divorce has been legal in India since the 1960's. Get an attorney and get rid of this creep. You're worth more than this
You have value. Don't let him rob you of a happy life.

Answer 4

If you have decided to divorce. Then there is a set procedure to be followed as per the law involving many agencies. This can not be replied in totality here.

The divorce can only be taken by following the legal procedure involving documentation and sufficient evidences. You can contact me for the needful but only for the free consultation and beyond that you have to do all the efforts yourself.

Answer 5

The brutal activities on women how long will condtinue in our so called educated society and it is shame shame on our part that those animal in form of human is still roamin in this society.
Since you do not like him sinply go toa lawyer and file for divorce before that you can take the help of IPC 498

Answer 6

I really feel sorry 4 u.
leave u r both child 2 ur hsband, as it cud make him 2 b responsibl & take care 4 them, that also make u feel a bit relaxed, concentrate on ur job as it wd make u independent & bzy, also break all the ties with all those who r not supporting u in such rough phase & u r only 26, get legal separation & restart ur life afresh. If u need frnd or any help, I m with u. I m also in Delhi. my id is - [e-mail], [e-mail]

Answer 7

I guess the problem is in you - why else doesn't your Mother, brother, daughter not like you? You happily leave your husband and daughter and when you realised you are pregnant you return back - SHAME ON YOU!!

You need counselling - post marital, psycological and once you are through get your husband too.

Answer 8

go your way to freedom live it take job outside and find a partner legal battle costly and will take minm 20 yrs, file a criminal case ur first child may suffer

Answer 9

Ask for help from Victims Services (your local police department can get you in contact with them). They can hook you up with a public defender and help you get a divorce.

Good luck on this. You can do it.

Answer 10

Yours is a fit case for divorce if you two are Hindus , married according to Hindu form of marriage under the Hindu Marriage Act,1955, under section 13(ia) of the Act on the ground of cruelty & section 13(ib) of the Act on ground of desertion for a period of two years or more. Further you can seek protection order against him against any domestic violence, like beating you, harassing you or inflicting any sort of cruelty, under the Protection of women from domestic violence Act, 2005. You can further file criminal complaint against him for cruelty under section 498A of the Indian Penal Code,1860 in such a cruelty inflicted by him derived you to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) . or secondly Harassment to you where such harassment is with a view to coercing you or any person related to you to meet any unlawful demand for any property or valuable security or is on account of failure by you or any person related to you meet such demand. You can even seek the custody of both the children during the pendency of the divorce proceedings as well maintenance pendetilite for yourself & the children or child in your custody. There is also provision for providing you permanent maintenance or alimony at the time of finalization of decree of divorce. Now even if he is not agreeable for taking divorce from you by mutual consent as you state here, after getting shorts of all such civil & criminal litigations not only he, his whole family will come out begging you for divorce by mutual consent, as provided under section 13-B of the Act, that takes hardly six months to one year to finalize. You can contact me directly on my email [e-mail] for any clarification.