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Divorce for daughter in case husband promised for mutual consent
16-Dec-2023 (In Divorce Law)
my daughter got married on 24/12/2016. Due to troubles in joint family and harassment from husband . She moved out of matrimonial home on 11/11/2017. The husband and his father agreed for mutual consent divorce initially . But now they are saying that all mistake is of my daughter and asking us reasons why she left . They are also alleging that daughter may have physical problem and making several allegations . I wish to know if they can file any petition directly in court without mutual consent and can they make any false allegations on my daughter . If they say to court that my daughter left without consent , then are they not liable to pay any maintenance or money to my daughter . what is that they can do to obtain divorce and spoil image of my daughter and also not pay anything . In this situation what should I do . I am hindu . Daughter now lives in pune with me .
Dear Sir,
Since your daughter living with you in Pune, you have to justify why she left her matrimonial house.
Your daughter must send a legal notice to her husband , stating all facts and her expectation about future life / Maintenance / Divorce.
You can send a notice as per provisions of Domestic Violence Act, so that he husband will agree for mutual consent Divorce.
First you need to decide whether you want separation or want to continue with husband.
Since your daughter living with you in Pune, you have to justify why she left her matrimonial house.
Your daughter must send a legal notice to her husband , stating all facts and her expectation about future life / Maintenance / Divorce.
You can send a notice as per provisions of Domestic Violence Act, so that he husband will agree for mutual consent Divorce.
First you need to decide whether you want separation or want to continue with husband.
Helpful?
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Adv. Sharad Malode
Pune | 100+ Answers
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Yes the husband can file a RCR petition if the wife is staying seperatly for more than a year and ask her to come and stay with him, you can file a divorce petition in the court seek divorce on the basis of cruelty please contact me for further discussion about the procedure
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Adv. Abhishek Moreshwar Gokhale
Mumbai | 100+ Answers
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Your daughter has the right to apply for maintenance if at all she is not independent or not earning on her own and with regards to any allegations or any other queries or Complaints she can go to the court and plead accordingly. As its around one year of seperarion too she can get divorce asap.
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Adv. Seema Ravindra Kulkarni
Pune | 100+ Answers
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what exactly you want to do? she wants to divorce and maintenance or want to go back? she can claim maintenance. also, u can file a divorce case. you have to prove harassment if its physical. or you can opt for mental cruelty. you can also file domestic violence case.
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Adv. Rahul Ravindra Abhyankar
Pune | 25+ Answers
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Your daughter has been harassed by her husband, has she filed any complaint in police station or before mahila aayog. She can file the petition for divorce under cruelty. For this we have to meet n discuss the issues.
Helpful?
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Adv. Kavita Kulkarni
Pune | 100+ Answers
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