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I want divorce from my husband as there is no mental peace with him


26-Oct-2023 (In Divorce Law)

I want divorce from my husband. I have 2 daughter. My husband is good but I don't have any mental peace with him. I don't want to stay with him. I got married before 12 years. I love one other guy from Ahmedabad. He is ready to take responsibility of my 2 daughter. I don't want any alimony from my husband. I want only custody of my 2 daughter. Is it possible?

Answers (2)

Answer #1
947 votes
You not having mental peace at your husband's house cannot be the ground for filing divorce petition. You shall have to make a good ground like separation, harassment and other grounds like cruelty etc. to get divorce. Or if he gives his consent you both can approach court for divorce by mutual consent
Answer #2
603 votes
You can apply for divorce petition in two ways
1. If your husband don't want to give divorce then you will file divorce petition under section 13(1) (ia) ( treated petitioner with cruelty)
2. If he is ready then you both file mutual divorce petition under section 13B of Hindu marriage act.
For custody of child,
If they are under 5 years then you will have a custody under Gaurdian and wards act.
If not then you have to go in competent court for custody of your child.

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