How to get divorce if husband not earning from past 5 years

559 votes

If the property in the name of your in'laws family is ancestral property, you can claim for the share for your son and for yourself in the same. If the property is self occupied by them, you have no right to claim.

For divorce you have to move a Petition U/s 13(1)(ai) before the concerned Family Court. If Court satisfied with the facts, will pass a decree of Divorce.

Advocate Anurag Garg LawRato

542 votes

Hello,

I totally understand your problem and query; and if you are finally willing to get a divorce you can file a divorce petition against your husband and also you can file a case for claiming maintenance and custody of your child. However, to understand your case in a better way it would be appropriate for you to consult me or any other advocate.

Thanks and Regards

Advocate Anilesh Tewari LawRato

663 votes

Dear madam,
The area of concern here is the maintenance part, as your husband is not financial stable, in that case you are required to share the details of movable and immovable property to claim maintenance.
Secondly whether for the purpose of the custody are you having any income.
To take it forward, please contact the undersigned.
Regards,
Pragya Wazir

Advocate Pragya Wazir LawRato