I got married through an arranged marriage on April 10th, 2023. After two months, my husband and I moved into a separate house. Things were fine initially, but soon he began criticizing my clothes, my choice of bags, my way of speaking, and even my opinions.
Whenever I tried to communicate that his words were hurtful, he dismissed my feelings as being “too sensitive” or “too emotional.” His mother also interfered constantly and insulted me over my skin tone, clothes, and behavior. During conflicts, I would become emotional and cry, while my husband would walk away showing no empathy. Out of frustration, I sometimes shut the door loudly or hit the mattress, but I have never harmed myself, him, or anyone else. Despite enduring repeated criticism and emotional neglect, I was always portrayed as the problem.
On December 5th, 2023, he asked me to live separately. I waited for nearly two months hoping he would reconcile, but when I finally called him on February 9th, 2024, he said that he would never live with me again and would file for divorce after April 10th, 2024, once one year of marriage is completed. He also said he would contest the divorce if I refused mutual consent.
His mother has now been telling people that I have mental health issues and am characterless, while portraying her son as perfect. Despite everything, I genuinely believe that with proper counselling and without interference from his mother, we could rebuild our marriage. I still respect the sanctity of marriage and sincerely want to make it work.
Additionally, my husband earns around four times more than I do, yet all expenses — including rent, groceries, and even small purchases like vegetables — were split 50-50. I often felt more like a roommate than a life partner. When I once suggested that expenses be shared in proportion to our income, he told me to ask my mother for money if I couldn’t afford my share. He has never fulfilled any emotional needs, and I was always blamed for wanting emotional connection.
Now, I am considering filing a Domestic Violence (DV) case against him and his mother on the grounds of mental cruelty. However, I am concerned about the consequences.
My questions are:
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Can my husband legally force me to give him a divorce based on normal marital disagreements and emotional reactions?
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If I file a DV case for mental cruelty, can that be used against me by my husband and his mother to strengthen their divorce case?
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If I am not willing to agree for divorce and am sincerely ready to work on this marriage, can the honorable court consider my willingness to reconcile while deciding the case?
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Is it true that one-sided divorce cases (without solid grounds like adultery or desertion) take several years to resolve in India?
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If I file a Restitution of Conjugal Rights (RCR) case and the court orders him to resume marital life, but he still refuses to take me back, what happens then?
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In the event that both DV and divorce proceedings go on simultaneously, what would be the possible legal outcomes and chances of reconciliation?
I do not want a divorce. I am willing to forgive, forget, and rebuild our relationship with sincerity, love, and respect. Please guide me on how I can protect my rights and still try to save my marriage through proper legal means.
1. Husband cannot force you to give divorce
Divorce is not something a husband can “buy” from court like a platform ticket. If the wife does not consent, it is very difficult for any court to grant a divorce without strong legal grounds such as adultery, cruelty, or desertion.
Your situation—normal fights, emotional reactions, and interference by in-laws—does not constitute cruelty in the legal sense. Therefore, your husband cannot easily obtain a divorce.
If he files for divorce, he must prove cruelty with substantial evidence, which seems unlikely from the facts you’ve described.
2. Duration and difficulty of contested divorce
Contested divorce proceedings in India are lengthy and complex, often taking 3–5 years or more to reach a final judgment.
Courts generally refer the couple to mediation or counselling before proceeding.
If you oppose the divorce and he lacks solid grounds, the case can drag on for several years and may ultimately be dismissed.
3. Your legal position is strong
Indian law is protective towards women in matrimonial disputes. If your husband files for divorce, you have multiple legal remedies available:
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You can file for maintenance under Section 125 CrPC, even if you are employed.
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You can also claim interim maintenance during the divorce proceedings.
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If he continues mental harassment or if his mother interferes, you can file a Domestic Violence (DV) case seeking protection, residence, and monetary reliefs.
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Filing a DV case is not a ground for divorce, and it cannot be used against you in court.
4. Remedies available under the law
A. Domestic Violence Act, 2005
You (or anyone on your behalf) can approach the Magistrate or police to seek:
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Protection orders prohibiting the husband from acts of domestic violence, harassment, or communication.
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Residence order, allowing you to stay in the shared household and restraining him from dispossessing you.
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Monetary relief, including:
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Maintenance for you and children
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Medical expenses and loss of earnings
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Lump-sum compensation for mental torture and emotional distress
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Compensation orders for harassment or cruelty.
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Protection against interference by your mother-in-law.
The court can even order the police to secure your residence in the matrimonial home under Section 19(b)/(d) of the Act.
B. Section 125 CrPC
You can seek monthly maintenance, irrespective of your employment status.
Given that your husband earns about four times more, you can claim higher maintenance or alimony in proportion to his income.
C. Indian Penal Code
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Under Section 498A IPC (or Section 82 of BNS, 2023), you can file a criminal case for cruelty or dowry demands (punishable with imprisonment up to 3 years).
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If your belongings or jewellery are withheld, you can file under Section 406 IPC for criminal breach of trust.
5. Filing for Restitution of Conjugal Rights (RCR)
You can file a petition under Section 9 of the Hindu Marriage Act, 1955, seeking a court direction for your husband to resume marital life with you.
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The court may order reconciliation or mediation.
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RCR reflects your willingness to continue the marriage, strengthening your case if he seeks divorce.
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However, if he still refuses to cohabit after an RCR decree:
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The court cannot physically compel him to live with you.
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If he disobeys the decree for one year, it can be used as a ground for divorce (by either party).
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His refusal strengthens your claim for maintenance and alimony.
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Some lawyers note that RCR decrees may not always bring results — if cohabitation doesn’t resume within two years, it can even lead to automatic divorce — so use this remedy strategically.
6. On filing a DV case and its consequences
Filing a DV case will not harm your position or give him an advantage. It is a protective measure, not a ground for divorce.
If they retaliate by filing for divorce, both cases may be clubbed together in the same court.
You will have the opportunity to contest his divorce petition and even file a counterclaim for RCR.
7. Possible course of action
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Refuse mutual consent divorce if you wish to continue the marriage.
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File RCR to show your willingness to reconcile.
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If cruelty continues, file DV case + maintenance claim to protect yourself legally and financially.
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Secure your jewellery and streedhan through appropriate court orders.
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Document everything — messages, calls, insults — to strengthen your defence.
8. Reconciliation prospects
Courts prefer reconciliation over divorce wherever possible.
If you express genuine willingness to forgive, forget, and restart the marriage, the court will not ignore your sincerity.
It will give multiple opportunities for mediation and settlement before granting any divorce decree.
9. Final observations
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He cannot force a divorce simply due to normal disagreements or emotional reactions.
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One-sided divorce without solid grounds takes years and is rarely granted.
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If he persists in separation, you can use legal remedies (DV, maintenance, RCR) to protect your dignity and rights.
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The law is largely in your favor in such circumstances.