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Legal procedure to file for divorce in case of marriage in church
27-Jan-2023 (In Divorce Law)
I married a man in church after my husband's death .only one and half year lived during this year he made lot of financial liabilities I sold my house and finished his labilities and remaining money also he took away from me he made lot if cheat with others also last one and half year he completely gone away not taken care me or kids till now I was working myself and taking care.now I don't want to keep this relationship more so this is the case what should I do.then he has case in his name and it will affect me in any manner pls advice me.
If you just need the divorce, file a petition for divorce under ground cruelity. Then if you need the money for the maintainence and the money you had spend for him then you can file complaint under domestic violence and then claim the amount. At that time you can settle it and file a joint divorce petitio then you can get divorce in 6 months.
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Adv. Shyamdeep Shenoy
Kochi | 25+ Answers
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I think marriage is solemnised in the church. So for getting divorced from the church you should get the divorce from the court. So file a petition before the family court for the divorce. If you have enough evidence against him you will get the divorce.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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You can seek divorce and maintenance from your husband for your kids , further their is full possibility of getting divorce . As you have not mentioned what type of case is your husband is having so only after knowing all the details of the case I can give an opinion abt it .
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Adv. Jyothi P
Kozhikode | 25+ Answers
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Christians are governed by an Indian Christian Marriage Act 1889. File a petition before the family court for divorce under Section 10 A (1) of the Divorce Act under the ground cruelty. Then if you need the money for the maintenance and the money you had spend for him then you can file complaint under domestic violence and then claim the amount.
The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.
• Adultery
• Conversion to another religion
• One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
• Not been seen or heard alive for a period of seven or more years.
• Failure in observing the restitution of conjugal rights for at least two years.
• Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
• Wife can file a divorce based on the grounds of rape, sodomy and bestiality.
The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.
• Adultery
• Conversion to another religion
• One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
• Not been seen or heard alive for a period of seven or more years.
• Failure in observing the restitution of conjugal rights for at least two years.
• Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
• Wife can file a divorce based on the grounds of rape, sodomy and bestiality.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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