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living separately for 3 years, want divorce without going to court


26-Feb-2023 (In Divorce Law)
Sir/mam... my marriage held in 2009, since 2013 i have broken up my relation with my husband, since 2013 we are living alone without each other. Now he is looking for another women to marry again. he has hired an advocate & filed petition of divorce, his mind set is very different, i do not want any kind of argue with him, now i am also thinking i should break this relation, but i do not want to face him, i am very upset...so can i break this relation without facing court & him..because i am living in mumbai, i dont want to fight this case.
Answers (5)

Answer #1
969 votes
Hello ..apke husband ne divorce petition kaha file ki h..kya apne bhi koi .complaint file ki h .or divorce petition kb file hui h kya apka koi baby h...or only divorce hi chahiye ya maintenance ki bhi need h.
Answer #2
567 votes
If you are living separately for three years , you both can file a divorce petition in the court. Since he has filled a divorce petition for getting divorce an you also don't want to live with him, it's advisable that give him your consent for the same and mind your own life and go ahead. Still you can ask him for compensation and maintenance. Since it's a Court case, you have to make your statement in the court, we make such an arrangement that you have to face him very less still you have to face him on few occasions.
Answer #3
760 votes
You can file a petition for mutual divorce in the Family Court in Mumbai itself at the present place of your residence . Mumbai Family Court will have the jurisdiction to hear your petition for divorce and you must file for alimony .
Answer #4
741 votes
Hi, filing a mutual divorce is the legal option in this case. Since your husband has already initiated the process, it is advisable to go through it mutually and end the relationship formally, so that you are away from any future stresses of this marriage and you too can re-settle, if you wish to.

The process will require just two appearances and if both the parties are in agreement, the judge usually does not prolong proceedings and does not make it difficult for either party.
Answer #5
863 votes
You may keep a watch on the case, and in case you do not appear before the court case shall be proceeded Ex Parte, and court may grant Ex Parte Divorce to your husband. The said divorce if not contested by you is valid divorce between two of you. In the event you are looking at some sort of alimony from your Husband, then you may need to appear before the court concerned through lawyer make claim for alimony. Under such circumstances you may also choose to contest Divorce case on merits.
FOr more specific consultation/information you may contact me.

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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