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How to proceed with filing divorce


17-Oct-2023 (In Divorce Law)
Can I proceed with filing divorce within 2 months of marriage..My husband has mentally tortured me..Please tell me how to proceed so that I can get my marriage jwellery and expenses back.
Answers (3)

Answer #1
656 votes
yes you can file contested divorce but being it a civil dispute it will take years to solve, to get back jewellery there needs to be a complaint to be made, for mental torture domestic violence attracts which needs to be proved also, proper planning needs to be done.
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Advocate Aveek Bose

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Answer #2
961 votes
you can go for restitution of conjugal rights through which you will get separated apart and will finally get divorced and if you want you can also file case against him for mental, physical torture in domestic violence act
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Advocate Priyanka Singh

Adv. Priyanka Singh

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Answer #3
831 votes
ordinarily divorce cannot be granted within one year of marraige. in your case it seems to be a case of cruelty that is a ground for divorce as per the Hindu marriage as well as special marriage act. the best course of action will be to first file a case of judicial separation on the self same ground and simultaneously also claim maintenance pendente lite. after a period of continuous separation for 1 year then you can file for divorce in the usual course. in case you are in an extraordinary hurry to dissolve the marriage then a petition for waiving off the colling period may be made although it would be on the judge to allow the same depending on the case of exceptional hardship being made out from the attending circumstances that you are in. all expenses including your stri dhan is your absolute property and can be obtained by you either by making a fresh application or along with the divorce petition.
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Advocate Tanmoy Chattopadhyay

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