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My husband wants divorce and I dont want
05-Nov-2024 (In Divorce Law)
I am muslim and my husband a hindu got married under speacial marriage act. Now he left me on a leased apartment under his name without giving me any information since 12 days. He left on 26 oct. He sent me legal notice on 29 oct which arrived on 31 oct about complete no contact and separation. I want time but they are forcing to sign an affidavit that i agree for divorce and i dont need money from him and I dont claim any rights to challenge him or his family legally. I didn’t sign it. Help
If you don't intend to go for divorce then you don't sign on any document. You not agreeing to divorce your husband would constrain him to go for contested divorce. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 200+ Answers
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Under Indian law, you have the right to challenge such actions, especially if they undermine your lawful entitlements.
1. Right to Maintenance: Under Section 125 of the Criminal Procedure Code (CrPC), you may be entitled to claim maintenance from your husband. This applies even if the divorce proceedings are initiated, as the law recognizes the responsibility of a spouse to support the other financially if needed.
2. Challenging the Affidavit: By pressuring you to sign an affidavit without seeking maintenance or alimony, your husband may be attempting to avoid his legal obligations. Refusing to sign it was a wise decision, as signing could potentially weaken your legal position.
3. Domestic Violence Act: If there was any harassment or coercion, you could consider filing a case under the Protection of Women from Domestic Violence Act, 2005, which provides additional remedies.
1. Right to Maintenance: Under Section 125 of the Criminal Procedure Code (CrPC), you may be entitled to claim maintenance from your husband. This applies even if the divorce proceedings are initiated, as the law recognizes the responsibility of a spouse to support the other financially if needed.
2. Challenging the Affidavit: By pressuring you to sign an affidavit without seeking maintenance or alimony, your husband may be attempting to avoid his legal obligations. Refusing to sign it was a wise decision, as signing could potentially weaken your legal position.
3. Domestic Violence Act: If there was any harassment or coercion, you could consider filing a case under the Protection of Women from Domestic Violence Act, 2005, which provides additional remedies.
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Adv. Vikrant C Deshpande
Mumbai | 25+ Answers
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If you do not want to Divorce your Hubby. He cannot force you. If you do not become ready to Divorce him, he has to seek unilateral Divorce from the concerned Family Court by providing certain grounds available to him to seek one sided, that is, unilateral divorce on certain grounds available under the Special Marriage Act.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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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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