Is it possible to live seperate from husband before divorce?

 Ideally following may be opinions;

1. For seeking divorce law says separation of mind, body and soul arebasic requirement between alleged spouse before Court of Law and for the same physical separation is not absolute required, such as taking on rent and living separately and hence divorce suit matter can be even filed while living under same roof. Only thing that should not happen is s*x between spouses. However if physical read with mental torture are unbearable then a Civil injunction can also be taken against parties who are alleged to be said to commit such atrocities from a civil Court and for the same reference to context facts Criminal cases filing is not at all required.

2. Since you say you were tortured and want divorce so first thing you shall do is to hire an advocate via reference locally and in absence of capacity to meet legal fees present yourself to your District Court’s Legal Aid Authority Center and they will provide free legal aid (advocate) to you to process your divorce as well as child maintenance (pending trial) cases.

3. The cause title of divorce grounds here is based on “mental cruelties” r/w few acts of physical cruelties thus decree in divorce proceedings requirement is fulfilled. Get drafted the alleged cruelites facts accordingly and proceed on divorce under mental cruelties grounds by furnishing civil evidences (i.e. it requires 50:50 probability that such alleged acts might have been committed in 4 walls of a matrimonial home that is what your side has to show to the civil court and you donto need absolute proof unlike in criminal matrimonial cases to prove your grounds), cross examinations of parties, witnesses statement / examinations and all these may take 2-4 years (dependent upon court work load r/w your and his sides court attendance / adjournments).

4. It is right to take up employment for self substance along with looking after needs of growing up children when it is shown husband is not working for an income and for the same no maintenance you can demand for yourself but as per possibilities of income as per State’s Minimum Wage Act of able bodied he (husband) will be required to meet maintenance for his children during the pendency of the divorce case.

5. Since facts also says FIL is in debt from matrimonial home borrowings on few occasions, then ideally whatever maintenance granted to the children can be adjusted with such borrowings given to understand you are working and can support yourself and children in such debt conditions as otherwise they may file separate recovery case of recovery of borrowings by natal home of yours as per facts thereon.

Above are some f my preliminary views to start the court process and if you have related questions summaries them and may ask, someone here may reply within parameters of Law.

Do you want a Divorce?

Do you just want to live seperate wthout any legal action?.(you can proceed under DV Act, maintenence laws etc)...make up your mind..

No one can force you to do anything that is why there are laws to get your rights......You may live seperately but remember until you dont take any legal action you will have to abide by the so called actions of a wife...

Regards

Chetan(dot)7679(at)gmail(dot)com