Living separated from husband soon after delivery and he wants divorce

Question

Living separated from husband soon after delivery and he wants divorce

19-Apr-2023 (In Divorce Law)

i am not sure whether its gonna lead tp divorce, but we are leaving separately. husband working abroad, me in India in mothers place with 3 year son. he hasn't sent any money from past one year. i also didnt ask as i was working. now i lost my job... due to lot problems thats has happened in the past, he doesn't want me. he wants only his child. i needs divorce which i am not interestd but if he still thesame, i mean all these days he has used extreme verbal abuse though not physical abuse.... there are lot of things that has happened against his wish, and he doesnt like my parents.

Answers (4)

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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Adv. Pankaj Kumar Adv. Pankaj Kumar

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Advocate Jagadish N LawRato · Accepted Answer · 2016-04-19T09:06:16+05:30

Answer #2

As a first step try to resolve your issue with the help of your elders and well wishers. If that fails then decide on your own whether to continue your marital relationship with your husband or not. thereafter you can approach jurisdictional family court seeking divorce against your husband and custody of your child.

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Adv. Jagadish N Adv. Jagadish N

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Advocate Dileep N LawRato · Accepted Answer · 2016-04-19T11:45:26+05:30

Answer #3

You are your destiny, so please decide what do you want in the interest of your child. Please do consult/discuss with your dear one before moving on this issue. As far as the custody of child below 5 years is concerned the mother will be given custody of a child and the father will be given visitation rights. Think rest if nothing workout as you wish.

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Adv. Dileep N Adv. Dileep N

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LawRato LawRato · Accepted Answer · 2016-04-20T05:47:51+05:30

If you want to separate from your husband, you can file a case for Divorce against your husband. In the same case, you can file an Application for interim maintenance for yourself and your son so that till the case is fully decided, you will have some financial support. Even if you are employed, you can seek maintenance for your son. If you don't want separation and you want to live with your husband, then you can file a case for 'Restitution of Conjugal Rights'. This case is pursued by persons who want to reunite with their spouses. Since your husband is abroad, you can file this case if you want a Court Order to be reunited with him. Both cases are to be filed at the jurisdictional Family Court. My legal advice is based on the limited information provided in your query. It is not my final legal opinion.