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How to proceed with divorce on non compatibility


23-May-2023 (In Divorce Law)
I got married in Oct ' 2016 and lived separately with my husband after 1 month of marriage from 14 Nov to 31 Jan and then from Feb 20 to march as he was not in country. I wish to take divorce on grounds of non compatibility . I don't want any alumni and looking for divorce on mutual consent. Can I file divorce or Can I apply for marriage to be null and void?
Answers (3)

Answer #1
916 votes
If you want permanent alimony from your husband than you need to file some criminal cases like D V Act as well as Maintainance cases. You can also levelled allegation against your in laws so that pressure will create
Answer #2
592 votes
Divorce can be filed only after expiration of 1 year of marriage. But in extreme circumstances the divorce can be filed. Your case does not fall under this situation. If any kind of harassment or cruelty takes place , you can approach the concerned MM under domestic violence. Revert me. All the best.
Answer #3
920 votes
if you are looking for divorce by mutual consent, your husband has to agree for the same after which both of you may apply for it. However, in case he is not ready, you will have to file a contested divorce. You cannot apply for nullity of marriage since there are no grounds in your case as prescribed in the Act. You may however read section 12 of the Hindu Marriage Act, 1955.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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