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Working in different cities can be a ground for divorce
07-Apr-2023 (In Family Law)
I am a Hindu, married 1.5 yrs back. I came to parent's place for post delivery recovery. My in-laws are not interested on the baby as my sister-in-law is childless. After our marriage my in-laws moved into our home (both of them earn good pension and have their own home in native). I was abused emotionally and drained financially during my stay by my husband, mil and sil (she stays in same city). Last month the tensions have increased to next level and my husband threatened to take our 4th month baby away from me. Now, I have to resume work to support myself and baby. I started working in a different city due to abduction scare. Will he be able to get divorce on separation grounds in a year or two if I am not able to join him in his home? I do not want to proceed against him or the family legally with a hope that he would reconcile one day.
Hello,
Working in different cities is not a ground for divorce. It is when either of the spouses deserts the other for a continuous period of 2 years then it becomes a ground for divorce. In your case, if you continuously live separately from your husband for 2 years without any communication, he may file for divorce on the ground of desertion. You can take the help of police and inform them that you are apprehensive of your husband taking away your baby away from you. Though the father has the right to meet or take the baby along with him without anybody's permission, the police may call him for counselling and can make him understand your grievances and apprehension. Chances are there that your husband may change his attitude. However, despite this if he doesn't change and reconcile with you and he is hell bent on filing the divorce, let him file the case. You contest the case. As by then there will be no chances of his changing, you can file multiple cases against him like 498 A IPC, DV 3&4, maintenance case for maintenance for your baby to teach him a lesson. Please feel free to contact me if you need any help.
Working in different cities is not a ground for divorce. It is when either of the spouses deserts the other for a continuous period of 2 years then it becomes a ground for divorce. In your case, if you continuously live separately from your husband for 2 years without any communication, he may file for divorce on the ground of desertion. You can take the help of police and inform them that you are apprehensive of your husband taking away your baby away from you. Though the father has the right to meet or take the baby along with him without anybody's permission, the police may call him for counselling and can make him understand your grievances and apprehension. Chances are there that your husband may change his attitude. However, despite this if he doesn't change and reconcile with you and he is hell bent on filing the divorce, let him file the case. You contest the case. As by then there will be no chances of his changing, you can file multiple cases against him like 498 A IPC, DV 3&4, maintenance case for maintenance for your baby to teach him a lesson. Please feel free to contact me if you need any help.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Dear Client,
It is not easy to get divorce against your will in a court of law. It is not a ground to get divorce by your husband. Court will issue notices to you and hear you before granting divorce to your husband. You wait for some more time they may reconcile one day.
It is not easy to get divorce against your will in a court of law. It is not a ground to get divorce by your husband. Court will issue notices to you and hear you before granting divorce to your husband. You wait for some more time they may reconcile one day.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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Hi
Since you have recently delivered a baby and that your husband is not taking care of you and your child, your husband cannot claim divorce on the ground of separation.
You can always say that the fact is that on account of lack of financial support and persistent torture and threat of abduction of the child by your husband and in order to resume work for welfare of your child and yourself, you are working in a different city.
Your husband cannot claim separation as grounds for divorce.
Since you have recently delivered a baby and that your husband is not taking care of you and your child, your husband cannot claim divorce on the ground of separation.
You can always say that the fact is that on account of lack of financial support and persistent torture and threat of abduction of the child by your husband and in order to resume work for welfare of your child and yourself, you are working in a different city.
Your husband cannot claim separation as grounds for divorce.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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