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Is it right time to apply for divorce after 4 years of separation
07-Apr-2023 (In Divorce Law)
Sir, I always had a troubled marriage, but my husband turned villain in my life once I was pregnant. I have been ignored and disregarded ever since I was 4 months pregnant. My husband has failed to take up any responsibility as father or husband in the last four years. My child has not received any love or even visits from him in the last three years. I recently got a govt job and my husband wants me back now. But I am not ready to fall for it again. I would like to apply for Divorce. Can you please explain what are my legal rights? And will restitution that he may file will force me to live with him? We both belong to Hindu religion.
Dear Madam
Since you got govt job so he is behind you. He will lose his RCR case and even if decreed you cannot be forced to go to his house. Better file divorce on the ground of cruelty and desertion
Please give me RANK 5 IF SATISFIED BY MY ANSWRR
Since you got govt job so he is behind you. He will lose his RCR case and even if decreed you cannot be forced to go to his house. Better file divorce on the ground of cruelty and desertion
Please give me RANK 5 IF SATISFIED BY MY ANSWRR
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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Restitution of conjugal rights can be contested by you. Before he files petition send him legal notice seeking for divorce if he fails to respond then file a petition under cruelty ground before jurisdiction court. You need to have an FIR or some evidence to show cruelty caused by him for divorce
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Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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Dear madam,
As per your query, you can file divorce petition on cruelty ground before jurisdictional court on also in the same petition you can claim maintenance for your child.
Your husband also can file restitution petition but if you produced or satisfy court you can't live with him as a wife because of past experience defiantly court will not compel you to stay with him.
years of separation is not a ground when you file divorce petition on cruelty ground but in mutual petition one year separation period is mandatory.
As per your query, you can file divorce petition on cruelty ground before jurisdictional court on also in the same petition you can claim maintenance for your child.
Your husband also can file restitution petition but if you produced or satisfy court you can't live with him as a wife because of past experience defiantly court will not compel you to stay with him.
years of separation is not a ground when you file divorce petition on cruelty ground but in mutual petition one year separation period is mandatory.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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Respected
For time being you apply for petition seeking maintence. Let him come and so his morel onligation as husband and father of the child.
Sine the facts stated in the above case stand your case for aome what extent under the head of mental harassment and you may get divorce if you elabarate the facts in detail.
In case if he is having evil
Mind, once after filing of divorce or when he came to know of your further steps, to avoide legal hurdle he may proceed and it may be possible that he might go for restitution.
Need detail diacussion. You can contact us.
For time being you apply for petition seeking maintence. Let him come and so his morel onligation as husband and father of the child.
Sine the facts stated in the above case stand your case for aome what extent under the head of mental harassment and you may get divorce if you elabarate the facts in detail.
In case if he is having evil
Mind, once after filing of divorce or when he came to know of your further steps, to avoide legal hurdle he may proceed and it may be possible that he might go for restitution.
Need detail diacussion. You can contact us.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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now you may file divorce petition on the ground of cruelty and desertion and mention all cruelty given by your husband since date of marriage till date and also how he has neglected to take care of you and your child as a husband and responsible father
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Adv. Santosh R Kolkar
Belgaum | 100+ Answers
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Hi
As ur husband is leading a waylaid life. ignore him.. In case if u r not able to live with him anymore then u can apply for divorce... u have good grounds for divorce...but as u r employed u cannot ask for alimony or maintaince...
Regatding restitution of conjugal rights in case if he file and u are not in a position to live with him.. the apllication will b rejected with condition...
if convinced please rate us
As ur husband is leading a waylaid life. ignore him.. In case if u r not able to live with him anymore then u can apply for divorce... u have good grounds for divorce...but as u r employed u cannot ask for alimony or maintaince...
Regatding restitution of conjugal rights in case if he file and u are not in a position to live with him.. the apllication will b rejected with condition...
if convinced please rate us
Helpful?
Adv. Joseph Jojy
Mysore | 100+ Answers
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