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What is the procedure for contested divorce ?


25-Apr-2023 (In Divorce Law)
Hi.one of my friend is married 10 years back.she have child in 5th standard.her husband is not working anywhere.she earns money for living.her husband drinks alcohol.beats her and takes money from her forcefully.when she wanted to take divorce her husband refused to sign.she is suffering from this from 8 years.she really wants wants get out from that hell.my question is if her husband is not ready to sign on divorce paper what she can do to get separated legally and what is the procedure ? And she belong to hindu religion.
Answers (3)

Answer #1
915 votes
As both the spouse are belongs to Hindu religion and information given by you I advise that if husband is not ready to file mutual divorce then she can alone file for divorce on cruelty and she too can claim custody of childe and maintenance .

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Answer #2
917 votes
Sir
You mentioned that your friend is of Hindu religion , assuming her husband is also a Hindu & marriage took place according to Hindu rites & ceremony , the marriage comes under Hindu Marriage Act and she can file for Divorce on grounds of cruelty since he refuses to agree for a Mutual Consent Divorce.Your friend can contact me for detailed consult.
Answer #3
796 votes
Dear friend, your friend has right to take divorce from her husband under section 16(1a) cruelty of the husband, but please note that drinkers are duel personality persons, they love their wives when they are in good mood they are really good and helpful persons but when they go in alcohol withdrawal condition there brain unwillingly does the act like of beating, shouting, etc this is just like as sort of illness in Pune Dr.Anil Awachat and her daughter doing very noble work in this field through Muktangan first try to get admit in this institute for one month, definitely which will be turning point in her life, if like my opinion please rate me on low rate.

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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