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Does it matter that who files divorce case I.e. husband or wife


06-Apr-2025 (In Divorce Law)
My daughter married to x 3 years back. X works overnight as per US timing 6 pm to 6 am . Then he sleeps and gets up at 4 pm. At the time of marriage my daughter was also working. However, with such a routine X could never give any attention to his marriage and love to his wife. After a year or so my daughter went into depression and left the job. Due to depression she started eating unknowingly and put on weight. X says, marriage can work only if his wife reduces weight & starts earning.
Answers (5)

Answer #1
767 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Answer #2
543 votes
if your daughter is not living with her husband . she wants to continue the marriage then she should file the restitution of conjugal right under section 9 of Hindu marriage act before the principal judge of family court .
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Answer #3
933 votes
now what you want in this matter.. kindly clear your question and give proper details what you want. for further inquiry you can visit at my office or call me regard Sandeep Vats Advocate Thankyou
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Answer #4
695 votes
If you are enquiring about whether this can be ground for divorce then yes. X can be said to be committing cruelty on the basis of which divorce can be sought and maintenance can be demanded along with alimony. For further course of action a detailed discussion would be better
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Answer #5
771 votes
Reducing weight will do no harm to your daughter and probably after that she would get out of depression too. A healthy body leads to a healthy mind. I believe that after she is out of depression and starts eating healthy, she will get back to her daily routine and starts doing job. I don't find any difficulty in the marriage of your daughter. You search for issues and you'll land amongst issues. Tell them to take marriage counseling, good luck!
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