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Divorce filing and dispute of property after divorce
08-Sep-2023 (In Divorce Law)
It's going to be 2 years in October for my marriage and my married life has been a total disaster with physical, mental abuse. I am thinking of filing for divorce but the concern is on what grounds should I file it as the last physical abuse was about 6 months ago.Also, we bought a flat which is completely on my name and I live with my husband there but is it possible that my husband might make his claim on that flat by any means?? Both my husband and me are hindus and ours was a love marriage.
Dear client as far as far as thever ground for divorce is concerned you have already completed the mandatory period for filing a divorce petition.
If your husband agree then you both may file it with mutual consent.
Mental&physical abuse are enough&sufficient ground for filing a divorce petition.
As far as the flat is concerned if it is in your name nobody can take or possess it without your own will.
If your husband agree then you both may file it with mutual consent.
Mental&physical abuse are enough&sufficient ground for filing a divorce petition.
As far as the flat is concerned if it is in your name nobody can take or possess it without your own will.
Helpful?
Adv. Saqib Siddiqui
Lucknow | 25+ Answers
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hello,
for filling the divorce petition there should be a valid ground, and in your case as you have stated all the grounds are present no matter incidents had happens in past or presently going on but fear of the incident lasts long hence you can ask file the divorce petition and domestic violence as well in that case you can demand for the accommodation as house is in your name but your husband can ask his rights but trends says it will not be given to him.
for filling the divorce petition there should be a valid ground, and in your case as you have stated all the grounds are present no matter incidents had happens in past or presently going on but fear of the incident lasts long hence you can ask file the divorce petition and domestic violence as well in that case you can demand for the accommodation as house is in your name but your husband can ask his rights but trends says it will not be given to him.
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Adv. Dipti Singh
Delhi | 100+ Answers
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Hi,
Irrespective of the last date of physical abuse, a divorce petition may be filed on grounds of cruelty under the Hindu Marriage Act, and you can file a separate case under the Domestic Violence Act to support your claim. Since the fact was bought after your marriage, it would come within the marital property so, it cannot be claimed away from you illegally. The division of assets in the divorce proceedings will determine who gets actual possession of the house and who gets the monetary compensation for the same.
Irrespective of the last date of physical abuse, a divorce petition may be filed on grounds of cruelty under the Hindu Marriage Act, and you can file a separate case under the Domestic Violence Act to support your claim. Since the fact was bought after your marriage, it would come within the marital property so, it cannot be claimed away from you illegally. The division of assets in the divorce proceedings will determine who gets actual possession of the house and who gets the monetary compensation for the same.
Helpful?
Adv. Disha Chaudhari
Noida | 25+ Answers
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