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Procedure in case divorce notice sent by husband
01-Oct-2023 (In Divorce Law)
Divorce notice sent by my husband sighting my ailment as reason.I was abandoned by my husband for 1 1/2 year living with my father retired from clerk job in Govt and unemployed brother Not a single penny given to me for my sustenance by my husband.All dowry gold and other items amounting to approx fifteen lakh Rupees kept by them.Please advise how to go about this process.We were married under Hindu marriage act in March 2016 in Delhi.
First to move before CAW cell and lodged a complaint against your husband and in laws. If he is ready to keep you than ok otherwise file a complaint against him 125 CR.P.C for maintenance and also file a petition under section 9 of Hindu Marriage Act for restitution of consugal rights
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Adv. S N Shukla
Delhi | 25+ Answers
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How do I get divorce if my wife is not agreeing?
If the wife denies divorce, then you can file for divorce on these grounds: Adultery. If the wife refuses to divorce you, then you may file for divorce based on one of the following grounds. Adultery. While adultery is not a crime, divorce can still be requested if the spouse has cheated on their partner by engaging in adultery.
What happens if my spouse doesn t respond to the divorce petition?
By refusing to participate, a spouse cannot stop divorce proceedings. You can prove your ex-spouse has been served divorce papers but has refused to cooperate by taking a few extra steps. In such cases, the court can proceed with the divorce. 08-Sept-2022
How do you deal with divorce when you don't want it?
Recognize it is OK to feel differently. ...
Take a break. ...
Do not go through it alone. ...
Take care of your emotional and physical health. ...
Avoid power struggles or arguments with your former spouse. ...
Explore your interests. ...
Think positively
What happens if court denies divorce?
If a divorce decree is rejected by an Indian court, it can be appealed. You can appeal to a higher court such as the High Court of India or the Supreme Court depending on your case and grounds for appeal.
First, you please clarify the notice as legal notice or court notice. If it is a court notice then you have to appear before the Court of which notice is served on you but if it is an individual notice then you don't need to worry.
Since after marriage your husband has abandoned you, you can file petition for maintenance under section 125 CrPC seeking monthly maintenance showing the ground that he is earning good and not giving you a single penny since last one year.
Second, if there is a divorce proceedings has already started then you file an application under section 24 of Hindu Marriage Act seeking monthly maintenance for you self. The Court will grant you the monthly maintenance.
You can also opt for police complaint under section 498A IPC for dowry demand and this way you can get your all articles and jewelries back.
Since after marriage your husband has abandoned you, you can file petition for maintenance under section 125 CrPC seeking monthly maintenance showing the ground that he is earning good and not giving you a single penny since last one year.
Second, if there is a divorce proceedings has already started then you file an application under section 24 of Hindu Marriage Act seeking monthly maintenance for you self. The Court will grant you the monthly maintenance.
You can also opt for police complaint under section 498A IPC for dowry demand and this way you can get your all articles and jewelries back.
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Adv. Santosh Pandey
Delhi | 25+ Answers
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You have right to file complaint under DV Act for claiming monthly maintenance and acomodation. If your husband moves for divorce, then you may also file application for the monthly maintenance before the concerned Hon'ble court. The divorce case and your rights as a legally wedded wife will be decided on merit.
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1. in such cases, decide yourself, what do you wish to do, if you wish for a divorce, contact him and ask to file it mutually.
2. if you wish to go back, you can fight the case and consequently, to pressurize him, file following cases:
---1. case under section 498A of the IPC, for cruelty and dowry protection.
---2. file a case under the protection of women against DOMESTIC VIOLENCE act, so as to put further pressure on the whole family.
----3. file a case under section 125 of CrPC , for maintenance.
these cases, helps the women and in a marriage to get justice against the wrong done by husband and his family.
also, as you have got a notice, you must be sent with the petition for divorce, so do appear in the court at every date and try to file the reply 9 written statement) for the notice sent you as soon as possible.
The more regular you are in the court, the better chances of getting justice you have.
2. if you wish to go back, you can fight the case and consequently, to pressurize him, file following cases:
---1. case under section 498A of the IPC, for cruelty and dowry protection.
---2. file a case under the protection of women against DOMESTIC VIOLENCE act, so as to put further pressure on the whole family.
----3. file a case under section 125 of CrPC , for maintenance.
these cases, helps the women and in a marriage to get justice against the wrong done by husband and his family.
also, as you have got a notice, you must be sent with the petition for divorce, so do appear in the court at every date and try to file the reply 9 written statement) for the notice sent you as soon as possible.
The more regular you are in the court, the better chances of getting justice you have.
Helpful?
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Adv. Tanu Singhal
Delhi | 25+ Answers
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