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I want to file a case but I don't know the procedure ot it and what or
12-Sep-2024 (In Divorce Law)
How to proceed with the dicorce?my husband did domestic violence on me and ask me to get out from house without kids they are 5 yr old
Hello,
You can file for a contested divorce under Section 13(1)(ia) of the Hindu Marriage Act. The court will issue a notice to your husband, and the proceedings will continue. For domestic violence, you may file a separate case under the Domestic Violence Act for cruelty. In addition to these legal actions, you can also register an FIR under Section 498A at the nearest police station for any instances of physical violence or mental harassment.
Advocate Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Based on your situation, you have several legal options available to you, depending on the specific relief you are seeking. If your primary concern is financial support, we can file for maintenance to ensure you receive appropriate financial assistance from your spouse. This can be done as an interim measure or as a longer-term solution.
If your circumstances involve any kind of abuse or threat, we can seek protection under relevant laws to ensure your safety and security. The court can issue protective orders that prevent any form of harassment or violence.
If you are considering ending the marriage, we can file for divorce on various grounds, such as cruelty, desertion, or mutual consent, depending on the facts of your case. In doing so, we will also address issues of child custody, alimony, and division of assets, ensuring your rights are fully protected.
Please let me know which of these options aligns with your needs, and we can discuss the best course of action moving forward. I am here to support and guide you through this process
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Adv. Shubham Sharma
Delhi | 25+ Answers
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Connect with an Advocate and brief him about Your case. Take a detailed legal consultation. You can initiate a complaint under section 12 of the Domestic Violence Act. Further a divorce petition can be filed before the Principal Judge Family Court through an Advocate
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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If u follow Hindu religion then u need to hire an advocate for filing the suit but it’s better first u escalate this matter to all your relatives n friends for reconciliation meetings !
Kindly be in touch to resolve this matter
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Adv. D. Khan
Delhi | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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