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How can I file for mutual divorce and also get financial assistant
29-Oct-2023 (In Divorce Law)
It's been just 10 months that I got married and my husband and his mother started harassing me within 1 month of marriage , when I couldn't face the cruelty further I came back to my father's home after living for 5 months at my husband's home..I wish to file a mutual divorce and need maintenance also in current situation as I lost my job due to depression that was caused by my mother in law, my husband has not spend a single penny since I came back, how can I claim maintenance till divorce and pls guide me regarding mutual divorce too
Hi,
You can file petition for maintenance Under domestic Violence Act in the concern district court , or you can file the same under 125 Crpc.
If you want to take mutual divorce , you will have to talk to the other party and settle the terms of mutual divorce.
The mutual Divorce petition can be filled after 1 year of marriage , except in exceptionally hard circumstances.
Thanks and regards
Ramit Sehrawat
Advocate
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Adv. Ramit Sehrawat
Adv. Ramit Sehrawat
Delhi | 400+ Answers
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You need to immediately hire an expert advocate for your case. As per your facts you may file Domestic Violence case & can ask for 5 reliefs as under :-
1. Monetary Relief
2. Compensation Order
3. Residence Order
4. Custody Order
5. Protection Order
Subsequently, you can lodge case u/s 498a ipc followed by others.
Plz b in touch
Thanks
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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Hi,
You should immediately seek a detailed consultation from a lawyer having expertise in matrimonial laws.
Further for seeking mutual consent divorce both you and your husband should be willing and ready. Else you can file for contested divorce.
You have other legal remedies also like filing a domestic violence petition and a separate maintenance petition.
You may contact for legal help
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Adv. Anubhav Kathuria
Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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ur query regarding maintenance,uare definitely entitled for maintenance and regarding mutual divorce,one mandatory condition is one year separation and one year should be completed before filling a mutual divorce , maintenance there are provision in law section 125crpcand also domestic violence act and other provisions
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Adv. Vinay Singh
Adv. Vinay Singh
Delhi | 25+ Answers
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There are 3 ways to your solutions ..
One is filing a maintenance case against the husband in which you get monthly maintenance from your husband through court and
Second is filing a divorce case against the husband or if u wish to file a mutual divorce then the husband would be also ready to willing the same as you are because mutual divorce only file when both th husband and wife giving consent to mutual divorce and
Third is you also file a case against your husband and his family for harassment and cruelty basis .
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Adv. Tarique Naseem
Adv. Tarique Naseem
Delhi | 25+ Answers
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Hey, sorry to hear what you had to go through.
You can file for a case of mutual divorce & also get maintenance from your husband. Since you are not working hence this will be easier.
For further deatils contact us.
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Adv. Vivek Chaudhuri
Adv. Vivek Chaudhuri
Delhi | 25+ Answers
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