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I am living with my husband, 6 year old daughter and In laws. I have been in this mariage for 10 yea


17-Mar-2023 (In Divorce Law)
I am living with my husband, 6 year old daughter and In laws. I have been in this mariage for 10 years. There are situation where I dont get support from my husband and our thinking dont match when it cones to responsibilities towards home and child. I dont want to drag this marriage on the sake of my child. I did that from past 5 year so that my child don't feel she don't have father. I am well settled and also own my house. I want to separate, however My husband is saying he wont divorce me. I am fine with that but I cant share same roof with him. I don't want my child to suffer in tension between usWhat can be done in this case
Answers (4)

Answer #1
692 votes
Well, you can opt for Judicial Separation which is an alternate of Divorce. If he is not willing to Divorce you, it is his problem, not your's.You are done with him, now no more you can handle him, this is what I have understood from your statements which are reflection of your inner voice. Hence, seek Judicial Separation and live in your own Home separately with Freedom. You can parallely apply in Court to seek Maintenance.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRato Mumbai | 1000+ Answers
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Answer #2
500 votes
Dear Queriest as per your query you have been in situation that you want divorce but don't want your child to suffer, in such case if it is possible for you to stay separate with your husband and child then the situation may be something different and also if you both go for counseling sessions then it may help to improvise your martial relationship. for more information about the same kindly call me.
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Advocate Dhananjay Ravikant Gangawane

Adv. Dhananjay Ravikant Gangawane

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Answer #3
837 votes
If you are fine with your husband not giving you divorce but you want to separate from him then you may file a petition for judicial separation in the family court or civil court having jurisdiction. And once you get the order of judicial separation from court and thereafter if both of you do not come together for 2 years then that itself is a ground for divorce.
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Advocate Mukesh Vasant Shinde

Adv. Mukesh Vasant Shinde

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Answer #4
685 votes
Divorce process is smooth and quick if it is mutually called for between the parties. However, if you wish to divorce him, you can send him a notice for divorce and subsequently file divorce petition. On the other hand, if you're comfortable not divorcing him but living separately taking care of your child, there is nothing wrong in that.
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Advocate Rahul Mishra

Adv. Rahul Mishra

LawRatoMumbai | 200+ Answers
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