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How should I proceed for divorce without papers


18-Aug-2023 (In Divorce Law)
I married in 2010 n have a 5 yr girl child. separated in 2012 for 8 months as husband had extra marital affairs even registered at jeevansathi.com as unmarried. then compromised but now again separated from last 5 months. Dnt have any proofs and documents against him. He was married twice before me n is habitual of luring girls. Want divorce and child custody. He had taken loan of rs.11lacs on my name n now has stopped paying emi of same and not even paying school fee of child. Iam a banker and he is a businessman. How shud i procced for divorce without papers.
Answers (5)

Answer #1
948 votes
madam,

for divorce, no papers is required and for EMI and school fees of child u can immediately file domestic violence petition and court will order the payment of the same to husband.

so you dont have to worry much, the law is very strict now days and filing adverse order against husband who are not maintaining their children, but still it depend upon case to case.

kindly fix up an appointment if you want legal advice and further case
Answer #2
586 votes
The first option is Divorce by Mutual consent, if your husband also agrees to same, which seems so, since he is portraying himself as single, however you should ask for mainteniance & alimony for yourself, and payment of loans taken by him on your name. If you are not able to settle issues with him, or if he is not agreeable to mutual terms, you have option to file criminal cases against him for cruelty (498A), Bigamy - in case he had married some one else earlier and not divorced that lady at the time of marrying you. Additionally on the basis of facts of your case, provisions of cheating & rape may also be applicable. You also have right to file complaint under Domestic violence act and seek maintenance for your child and rent for yourself. For more specific advice, you may contact me with specific details of your case.
Answer #3
505 votes
hi,
Firstly file the case under 498a ipc and if he is already married then collect the proovfs and alleged him under bigamy under ipc and seek maintenance for children and your self even if you are working and you can also file divorce.
Thanks
Puneet Sharma
Answer #4
639 votes
By 'Papers' I suppose you mean the proofs. Papers are not the only proofs, proofs can be of many types. Even circumstantial evidence leading to the guilt of the person is enough to prove certain facts. Your case needs to be discussed in details, I am sure there are ways out because things like past marriages and not contributing anything towards household expenses can be proved.
Answer #5
665 votes
Dont worry for sure all assistance would be given to you & if you are right from yours side yours all right would be restored & protected. Under the legal recourse & procedure & for any further information please feel free to contact me & fix an appointment with me.

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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