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Ex parte divorce filing eligibility


24-Jun-2023 (In Divorce Law)
I was married in march 2020. I left my husband in Feb 2021 as he was very abusive and he tortured me emotionally and physically. Can I file directly for divorce based on ex parte after living seperately for a year? I mean is it mandate to file petion for divorce and then only after completion of a year since I can opt for ex parte divorce.
Answers (3)

Answer #1
759 votes
No you cannot, get divorce within one year of marriage. you can file domestic violence case against the in laws and husband within one year of marriage. you can file maintenance petition against the husband within one year of marriage, for abuse and other things you can file FIR police case against him and your in laws under section 498A, 406 IPC
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Advocate Anubhav Kathuria

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Answer #2
808 votes
you can file a divorce petition at this stage . there is no such limitation with respect to the non availability of the option are getting forward with filing a divorce petition if you living separately from your husband
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Advocate Shobhit Shukla

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Answer #3
853 votes
No that is not called ex parte divorce …period of one year Seperstion is one of the grounds for divorce, however u can take one or more grounds for the same…u seem victim of cruelty as well …period of first year of marriage can be wave off if there was exceptional hardship Plz b in touch
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Advocate D. Khan

Adv. D. Khan

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