Domestic violence, Marital rape and mental harrassment
07-Jan-2023 (In Divorce Law)
Hello,
I will write in short here. I got married to an already married man who is father of a teenager now. He has not legally divorced his 1st wife and has 17 years old son. He cheated on me multiple times and has been very abusive. He had beaten me up several times. We have a daughter who is 7 years now. I have already filed a domestic violence against him and will be filing for divorce shortly. Do I need to get legal divorce from him? What rights do I have? Can I get married with other person during this time?
Thanks
your case is good for divorce but you need to be prepare your case in black and white. i.e. your case is not before any forum or not having any kind of documentary evidence. you are required to do complaint before the authority so you are having grounds of divorce. you can file case against him for. cheating, bigamy, domestic voilance, and also for rape, cruelty also if you do not want to go for case then you need to take mutual divorce with the consent of your husband.
You can file domestic violence case afainst your husband as you are in live in relationship with him and dv cases survives on live in partner. You can claim maintenance for you and your daughter’s expenditures.
You daughter is eligible for all the rights a legitimate child deserves from her father.
You daughter is eligible for all the rights a legitimate child deserves from her father.
Madam i.after getting decree yo can marry with anyone and for the purpose of divorce you should have to file the petition before the honourable family court withun the jurisdiction .. because you are already seeking a maintenance in the domestic violence case so you cannot file the maintenance there in family court in divorce Court and you people cannot get a divorce without a decree of the court you cannot to do a mutual divorce you should have to file this particular case before the family court the family court has given divorce it is depends upon you either you can file a contested divorce by mutual divorce it's upon you
You are not legally wedded wife of your husband due to his previous legal wedlock is in exist.Therefore you need not to file for divorce petition.You can Claim from him only maintenance but your daughter has more rights than you.Therefore you can marry another person without his consent and divorce.
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