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Can husband get divorce by filing restitution first or directly divorc


21-Jun-2023 (In Divorce Law)
We got married in the year 2020 March, this was arrange marriage. Due to countless fights, verbal abuse and mental trauma to me and my family during those initial 5 months of marriage, she left the home and living with her mom. Now it's been 1 yr she is living with parents. We only lived together for 5 month's. I have decided, I don't want to take this marriage ahead after trying to make things work multiple times. In this one year they have demanded 50 lakhs to mutually get this over or they file a contested. I refused to the amount since firstly I don't have that much money also she is educated with masters degree, working and earning well in a IT firm and from a well to do family. Does restitution make sense? What are the implications? Or directly a divorce petition? What should be done next ? Please help to get rid of this complex situation Your help and valuable suggestions are highly appreciated
Answers (3)

Answer #1
654 votes
Sorry to know about your situation. It is always better for husband, in such situation, to ask for restitution on paper whereas wanting divorce by intention. You got to send a legal notice first and initiate legal proceedings before she starts on her end and then carry it forward.
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Answer #2
548 votes
hi

restitution will make sense only if you're ready to cohabit peacefully

if she's well educated and earning then there will be no maintenance for her as per law

you have to file contesting divorce petition and get succeeded on merits
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Answer #3
571 votes
Well, if you have firmly made up your mind to seek Divorce, there is no need to file for Restitution of Conjugal Rights. If you want to give her a chance, then you can go for Restitution of Conjugal Rights. Otherwise, directly file for a Contested Divorce.
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