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Ground for Divorce
Question
I got married in Sep 2019 with the condition that they have to accept me and my dog. They said yes and refused to bring the dog once the wedding got over. I felt betrayed still I let it go. Mine is a arranged marriage. Though both of us are Brahmins, I am from a different caste subset (Iyer-Iyengar) of my husband. They said it is okay In the beginning but after the marriage my mother in law said she doesn’t like me and this wedding because of the difference. She is making comments based on caste difference and creating issue in every single day. Not allowing me to cook or have a peaceful meal. Going through a mental torture and she keeps asking me to get out of the house. Husband is not supportive. I am not able to live in that house. Can this be a ground for divorce? They insisted on marriage expenses completely to be girl’s side and it happened that way. Now he has kept me in a different House because of recurring issues everyday, but He said i have to take care of my expenses. I am earning , but my salary goes in repaying the debt got for my wedding. Can i demand his help legally? will i get as i am earning?
Answers ( 5 )
You can file a divorce petition on the ground of cruelty, harassment and tortures at the hand of husband and in-laws family. But you have to prove these things in the court by leading evidence in support there off.
you can file petition for claiming maintenance under section 125 crpc n you can get maintenance from ur husband if he is earning.
Yes, you are entitled to maintenance even if you are earning. File a petition under section 125 of Cr.P.C. seeking maintenance from the husband mentioning therein clearly that you are not able to maintain the same standard of living like you had with him and hence is required to provide financial help. You may also refer to the https://instalegal.in/question/do-working-women-get-maintenance-during-separation-in-india/ wherein a similar situation was addressed.
Thank you for the prompt response. That cleared my doubt about finance part of it. Like I asked in the first part of the question, can ill treating based on caste differences, emotional torture by blackmails, asking me to get out of the marital house can be the ground for divorce?
Yes the reasons mentioned by you would be included in the cruelty grounds as provided under the law and you can file a contested divorce petition in the family court on such grounds though you would be required to prove the same before the Court.
Yes, you are entitled to claim maintenance, residence etc. As per law if married lady is unable to maintain herself then she can claim maintenance from her husband and her husband is legally and morally bound to provide adequate maintenance. You can file case under section 125 Cr.P.C. to claim maintenance beside other legal remedies.