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Husband refusing to grant divorce and delaying the matter


24-Apr-2023 (In Divorce Law)
Me and my husband are staying away since 3 years, he and his family treated me very badly in their house in my very first year of marriage. Later there were circumstances created to trouble me and i one day came out of his house and stayed in my parents house. My parents tried to reconcile and i was also ready and for his sake took a separate house on rent with great difficulty managing with my salary somehow. He promised he will come and stay and all along wasted time for 2 years and finally said he is not interested to continue. I also got fed up and now want divorce. He is not giving compensation and at the same time his parents are saying their son is jobless and are seeking monetary benefits from me as am earning. I am helpless and now they just want to delay the matter by not granting divorce. Pl advise the course of action.
Answers (3)

Answer #1
662 votes
It is not clear from information given by you whether you have filed petition for divorce or not. If you have not filed for divorce and husband is not ready for giving divorce by mutual consent then you have to file petition for contested divorce on the ground of cruelty and desertion.
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Advocate Mukesh Vasant Shinde

Adv. Mukesh Vasant Shinde

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Answer #2
502 votes
you can go ahead and file divorce under dessertation ground and for that purpose you dont need the consent of your husband and u claim maintenance from your husband even if your are earning and also you can get back all your stridhan and other expenses at the time of the marriage by way of alimony
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

LawRatoNavi Mumbai | 400+ Answers
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Answer #3
654 votes
See in your case if divorce petition is filed by you on all this grounds of cruelty and you and not mentioned in pleadings that you are earning lady, then you should move with the criminal application under Domestic violence Act and claim number of protection orders from court. Which inturn will force them to come on mutual terms to get divorce and good alimony for your further life dear.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

LawRatoNashik | 700+ Answers
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