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Living separately for 7yrs how to file for divorce


23-Mar-2023 (In Divorce Law)
Hi i am mala , i am 35, i have love marriagw cum arrange marriage my mother in low house in kolkata .after married we lived in hyd for husband job perpose .after 7 yr marriage my husband can not lived together .after my doughter birth when my doughter age 7 months we come to kolkata for maternal house .after that my husband comes per monthly 1 day visit here my parent house to look me and my doughter .after few month suddenly he said he can not lived together he wants to mutual divorce .and all financial responsibility he bear .he give a reason he have not feelings with me .i come to kol in 2016 sep month and my husband tol me in april month ..during this period i traveling to mother in low house ...in front me they support me but in back they told her son against me ... When their son want divorce ...they also told me not coming their house .accutualy i am not intrest to giving divorce ... Now my husband change his job and not given all adress .recently i doing job 5k salar
Answers (5)

Answer #1
825 votes
You can file a mutual divorce through any advocate in the court which shall have jurisdiction to grant divorce. Jurisdiction depends on the place of marriage, for example if you live in gariahat, jurisdiction lies in alipore court. Before filing for mutual divorce you must know the terms and conditions as to which the divorce shall be filed, that is to say you must protect the interest of daughter and if need be file a separate application for maintenance under law for your sustenance and your daughter.
Advocate Alakananda Das

Adv. Alakananda Das

LawRato Kolkata | 100+ Answers
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Answer #2
809 votes
you must immediately file a maintenanace case to sustain the expenses of yourself and your minor daughter and your husband will be bound to pay the same, there is nothing to panic, no need to divorce your husband, your husband will learn the right way if take such a step.
Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 500+ Answers
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Answer #3
584 votes
As much i read there is no chance to go for reconciliation. You can file divorce against your husband. but you need to be confirmed that you are capable to earn for yiurself and your minor daughter...
Advocate Partha Ray

Adv. Partha Ray

LawRatoKolkata | 25+ Answers
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Answer #4
530 votes
Hello,
If you don't want to divorce your husband then you need to file a case of restitution of conjugal rights. And should also ask for maintenance u/s. 125 of the CrPC. Though, the case should be discussed in detail for more detailed advice.
Answer #5
966 votes
Dear client, you have suffered various hardships and yet you do not want divorce, in that case you can file your grievances with the West Bengal Women's Commission and do not file any criminal complaint with the police.
Advocate Amit Bandyopadhyay

Adv. Amit Bandyopadhyay

LawRatoKolkata | 25+ Answers
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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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