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Please Suggest On DV and Residential rights to rid of This
13-Mar-2023 (In Divorce Law)
She has filed DV case and now residential rights. What impact will happen? She is a lesbian but not able to prove as we dont have proof. Even marriage is not consumated filed for divorce also but no use.Please suggest us how to get rid of this.
Dear Sir,
You can claim divorce on two grounds 1) medical grounds and 2) non consummation of marriage.
If you have not house where is the question of residential rights.
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Dear Sir/Madam,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
You can claim divorce on two grounds 1) medical grounds and 2) non consummation of marriage.
If you have not house where is the question of residential rights.
========================================================================
Dear Sir/Madam,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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