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Eventual want a Divorce but precautions to take before moving out
22-Sep-2023 (In Divorce Law)
I want to move out out of the house because of daily quarrels, torn peace of mind and little son getting affected. My problem is if I move out with my son my husband will come troubling me and destroy peace of my son. Is there a legal document of separation before divorce whereby he will respect the meeting times with my son till I or him get official custody. If I leave my son and go and then apply divorce after 6 months will law rule against me at the time of son's custody case? My husband is muslim and I am Hindu. But We have been married only under registered marriage special marriage act so possible our religious marriage acts may not apply to our marriage? What is the best thing to do at present? Just move out with my son and later apply for divorce? Or can I apply for a divorce while living but not engaging in the same home?
hi
in this case if you and your son is suffering harrassment from your husband then you can move out and file complaint under domestic violence act for protection from your husband.
you can also restrain him from meeting your child at unreasonable time and place
you can further proceed to file divorce petition and claim maintenance for you and your son.
in this case if you and your son is suffering harrassment from your husband then you can move out and file complaint under domestic violence act for protection from your husband.
you can also restrain him from meeting your child at unreasonable time and place
you can further proceed to file divorce petition and claim maintenance for you and your son.
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Adv. Rohit Shaligram
Pune | 500+ Answers
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It's very sincere move dear if really you feel you were in wrong company. You can move with Memorandum of understanding in which you can specify everything thing. If you had converted to Islam you can't move with Hindu laws. Better you should move with the provisions of Special marriage Act.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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The best way out is a Divorce by Mutual Consent if he is agreeable for the same. In case he doesn't agree before moving out make sure you've maximum details of his financials like him IT returns, Bank Accounts, Property, Investments, Salary, Earnings Etc., because once you move out you may not have the access to all such details which you may have now.
Also before moving out make sure you make a few complaints against him when he happens to abuse you, the same be helpful later in case it's required.
You may also legally fight him staying under the same roof. It's difficult but not impossible.
A Contested Divorce or a DV Case both can be filed inspite of residing under the same roof also.
Also before moving out make sure you make a few complaints against him when he happens to abuse you, the same be helpful later in case it's required.
You may also legally fight him staying under the same roof. It's difficult but not impossible.
A Contested Divorce or a DV Case both can be filed inspite of residing under the same roof also.
Helpful?
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Adv. Sunita Bafna
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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