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Wants to file for divorce as living away from husband since 5months .


07-May-2023 (In Divorce Law)
Hi. We were married for 11yrs but came from my hubby's home last yr in dec 2016 n we r hindu. I want to know can i file a divorce as its 5mths since i hv left his home and as am jobless or is not financially stable to hire a lawyer,what all aid i can ask from a legal aid lawyer as i have 8yr old daughter too n residing with my parents..Tell me about my alimony n child's maintenance and does my daughter's age enough for her decision to stay with either parents. And if a husband says no to alimony then divorce is possible on which grounds?
Answers (3)

Answer #1
512 votes
You may file divorce petition in Family court of your area... And you may also get a legal aid counsel if you are not able to for your counsel..... alimony is your absolute right, he can't deny on any condition.... Ground for divorce is depends upon you think suitable..
Answer #2
900 votes
Yes, you can file a divorce petition on many grounds u/ s 13 (1) of Hindu marriage act 1955. As you didn't mention your husband job status but if you are jobless n cannot hire a lawyer either your husband or court will engage a counsel for you. You will need to move an application for interim maintenance. Yes. Court do consider child desire but mother is always the priority and consider as first natural guardian and father usually gets visitation rights..Thank you.
Answer #3
786 votes
1. Divorce on what circumstances.
2. You can go to legal aid cell but I am not aware how much help you will get from them.
3. Even if husband says no alimony, then also divorce is possible.
4. Alimony depends on Husband's income.
Regarding daughter,your desire is accepted by court.

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