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In laws and husband physically abusive.Can i file divorce on disertion


08-Oct-2023 (In Divorce Law)

If I have left my matrimonial place and family including my legal husband due to Domestic Violence, Cruelty, Assault, Harassment (Physical & Mental) in June 2013 with my Children, but after that I tried to settle life with him but till October 2013 nothing happened after that I tried for Mutual Consent Divorce but that also didn't work, so since October 2013 we have not stayed together, may I file Divorce petition on ground of deserted me since October 2013 in month of November 2015?

Answers (3)

Answer #1
766 votes
Yes you can initiate Divorce petition on ground of cruelty and desertion. You can also file Domestic Violence case against your husband and in-laws under PWDV Act 2005. You can claim for alimony and monthly maintenance (permanent and interim) from your husband.
Advocate Purvi Shah

Adv. Purvi Shah

LawRato Mumbai | 100+ Answers
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Answer #2
774 votes
Yes definitely, you can file divorce case. You can also prosecute them for domestic violence by way of filing criminal case under domestic violence act and demand maintenance, share in house and other connected relifs you are in need of. You can also file police case under 498 A for harrasment nd cruelty if faced by you. You can also file complaints before women cell of your jurisdiction.
Advocate Sagar Kothari

Adv. Sagar Kothari

LawRatoPune | 400+ Answers
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Answer #3
677 votes
Don't be a judge to your own cause. Ground of desertion is just incidental. Main ground is that of cruelty. So file it on cruelty ground.
Take an appointment to discuss things further.

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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