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How to get divorce


26-May-2023 (In Family Law)
Hi, I was married in July 14th of 2016 and I am a christian. I am staying away from my husband from September 2016 due to ill-treatment. Now he sent a legal notice asking me to rejoin, but he stated that I have harassed him and used abusive language on him. Also in that notice it mentioned that I have confessed that I have an extra marital affair (which I do not have). Please advice if I prove all these are wrong statements will I be eligible to get a divorce?
Answers (5)

Answer #1
563 votes
First you have to give reply to notice. Then we can file divorce and we can claim alimony and maintenance from your husband. You have not mentioned about child. If you have child then custody of child should be decided.
Answer #2
633 votes
Do you and your husband both practice Christianity and is your wedding solemnised under Christian marriage law? If so you may seek for divorce under the grounds stated in the Indian Divorce Act and upon proving your side! Since you got married very recently, both of you hardly know about each other, so don't decide anything in haste. I advice you to approach a lawyer for proper guidance in this regard. Good luck.
Answer #3
560 votes
You can file a petition for divorce before the family court in your city on the ground of cruelty. What i would like to know that if ur marriage is consumated or not or else u can file a petition to declare the marriage as null n void on the ground of non consumation of marriage or on the ground of forcible marriage.
You can very well deny the allegations he has made against you if u can prove it by evidence.
Answer #4
838 votes
Hello,

Your husband filed restitution of conjugal rights against you which means he wanted live with you. If you want divorce then you can file divorce against him. .
Answer #5
571 votes
Firstly you have to send a strong reply to his legal notice through an Advocate. In the reply you have to deny all the false allegations made by him. Also you will have to explain in detail all the cruelty and harassment faced by you and that is why you left him in Sept 2016. This reply will have to be done professionally because this reply will be the base for all the future actions from your side. After sending a reply you can file for divorce on the ground of cruelty. If you are in Chennai I can assist you. Kindly contact me for a detailed discussion so that I can give you proper advice and guidance.

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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