Divorce required!

Querist : Anonymous (Querist) 02 July 2018 This query is : Open
I am married for 8 months only. And living separately from husband form 4 months. My brother in law and his wife tortured me due to which I need to get separate from my husband. He took no stand for me and neither he wants to leave them. I can't live with his brother and his wife anymore. Are there any grounds for me to get divorce from him. What if he refuses to give me divorce.
Please note we have no contact with each other from last 4 months. He does not reply to my texts. Does that amounts to cruelty and grounds for seeking divorce.

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Vijay Raj Mahajan (Expert) 03 July 2018
No you have no valid ground for divorce. You need to make your husband agree for divorce by mutual consent than only this marriage can be dissolved by decree of divorce.
The separation of one year mandatory for divorce by mutual consent and even within one year of marriage the court will not entertain any petition for divorce.
Therefore you have enough time to convince your husband for divorce or you try to workout your marriage with him.
Breaking marriage just because of someone else in family is no sensible decision.

Ms.Usha Kapoor (Expert) 03 July 2018
Agree with Vijay Raj Mahajan.

Querist : Anonymous (Querist) 03 July 2018
Would living separately from husband without any contact does not give any right to file case under cruelty? Nothing is left in our marriage now. My husband has relationship with his brother's wife and he does not want our marriage to work out. He is neither trying to resolve it nor he is giving any hint of divorce. He is simply living with that lady Making no efforts for our marriage to work. I tried a lot to convince him.

P. Venu (Expert) 03 July 2018
Is your husband agreeable to divorce by mutual consent?

Querist : Anonymous (Querist) 03 July 2018
No he is not

Querist : Anonymous (Querist) 03 July 2018
Is there any way by which I can get him separated from his brother's wife through help of court.

Dr J C Vashista (Expert) 06 July 2018
Instead of legal recourse you should opt for social pressure upon your husband to stay together.
If you have conclusive evidence against your husband for extra-marital affair with his bhabhi, you can move to court.
Divorce petition is not maintainable at this juncture.

Querist : Anonymous (Querist) 06 July 2018
Does my husband have any chances of filling divorce against me.. he is simply avoiding society pressure as well right now.

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