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My husband stays in different place, and i think he will not attend co
09-Jul-2023 (In Divorce Law)
My husband is alcoholic and abusive. Ours is inter religion marriage since 8 years, but not registered. Im Muslim and he is Hindu. But after marriage i came to know that he is alcoholic. I tried my best to change him but i couldn't. My daughter is now 7 and half years old. She was mentally upset by looking our fights. He used to give mental torture like i should not take care of my father and mother, i should not give money for them, i shouldn't talk to them etc.,. I was taking care of everything, but he was away from all the responsibilities. Every day he used to drink and fight, use abusive language. I was mentally distressed. After my parents expired, he started to abuse if i talk to someone. My life was hell with him and finally i came out with my daughter and living seperately from past six months. Now i want to file divorce case but i don't think he will attend the court. Because he is not working and lives in different place. So what i can do to get divorce?
As per the facts of the case, your marriage will come under Special Marriage Act. The Special Marriage Act includes an inter-religious or inter-community marriage . Section 27 of the Act mentions about Divorce in which a petition for divorce may be presented to the District Court either by any of the spouse. Section 37 mentions about permanent alimony and maintenance it mentions that the husband shall secure to the wife for her maintenance and support and as you mentioned about your daughter as per Section 38 she can get just and proper maintenance
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Adv. Ayantika Mondal
Bangalore / Bengaluru | 5+ Answers
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Dear Madam,
Irrespective of your communities you can file Domestic violence case against your husband. You can also approach NGO who will take care of your husband and reform him and he may stop taking alcohol. Save marriage by using multiple methods.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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okay you don't worry about your husband not came to court notice serving is difficult so you will file divorce at court you will take paper publication and send notice to him he didn't come to court court will do he is exparty so yo u will get divorce vary early in the court so dont worry he will come to court or not thank you for asking a question
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Adv. Bhagya C H
Bangalore / Bengaluru | 1000+ Answers
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