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Harassment by husband want to file for divorce


20-Apr-2023 (In Divorce Law)

My husband who is in kanpur is harassing me for 2 years I have a child who is 4 years old i am in malaysia now with my child and he is harrasing me in malaysia as well he is not giving me a divorce how can i proceed i have even lodge a police complaint on him in the kanpur police station can i get a divorce and how long is the process normally takes in india if a child is involve

Answers (3)

Answer #1
722 votes
Dear one, I can understand your query and I suggest you to file a suit of divorce on the basis of harassment and cruelty by your husband to you since two years continiously and now there is no way to live with him more. As you live in Malaysia and your son live with you and I feel that you are a working women so it's in your favour that your child remain stay with you.
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Answer #2
914 votes
You can file a complaint in Malaysia as well for the harrasment or the physical abuse if any, as you marriage seems to have happened in India , you would need to file for divorce in India only if your husband is in India. In case you are permanently staying in Malaysia please check with a local lawyer if you can file divorce their. In case the divorce is filed in India in contested form it may take any where between 2-4 years and for Child your husband will file a case under Gurdian and ward act. you dont need to file a case of custody as of now as the child is already with you.
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Advocate Atulay Nehra

Adv. Atulay Nehra

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Answer #3
719 votes
Madam first of all if the behaviour of your husband is cruel to you,it may be the sole ground for divorce. Normally the time in the disposal of lis is dependent on various factors chiefly on your persuance. Generally it may take one year.as far as giving of divorce is concerned it is relevant only whent if divorce suit is filed on mutual consent. But your case is based on cruelty on which the consent of your husband is no bearing.
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Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

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