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Legal procedure to apply for Divorce if Husband is not ready


23-Oct-2023 (In Divorce Law)
9 months back I got married because of dowry harrassment I kept 498 case on him now I want to apply for divorce if he didn't agree to give divorce what should I do. Is there a way to get divorce from him.
Answers (4)

Answer #1
660 votes
Yes you may get dissolution/divorce on the grounds of cruelty through hindhu marriage act.

You may continue the 498-A at same time and you may ask for maintenance also.

As your spouse/husband is caused cruelty towards you, you may get the above reliefs.
Answer #2
963 votes
Marriage is regarded as sacramental in nature in the eye of law. Its sad and bitter state of affairs from your side. Madam, try to reconcile the matter in an amicable manner. Because, Divorce on any ground cannot be applied at least after the lapse of ONE YEAR from the date of marriage. Even to apply for mutual consent divorce, one year of marriage should have elapsed. hence, think and act prudently and donot take any hasty decisions.
Answer #3
917 votes
Hello, you can apply for a divorce in your jurisdiction family court along with all the evidences, cruelty done by your husband, and as well as you can claim maintenance from your husband untill you get divorce, file separate suit for Maintenance case against him for further you can contact us.
Answer #4
997 votes
Madam,

Assuming that you are Hindu, you have to wait for another 3 months for filing for divorce (You cannot file for divorce before completion of 1 year of marriage). You can file a divorce petition under the ground of cruelty before the jurisdictional family court.

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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