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Procedure to apply for divorce from husband and rights relating to it
29-Nov-2023 (In Divorce Law)
I am a hindu woman married to a hindu man legally for 8 yeaes now but we jave never stayed together under the same roof.my in laws as well as my hudband does not take my responsibility and is not willing to give me divorce also.i dont feel as if i am married.what rights to i have to get divorce
if your husband is not taking responsibilities and is not taking care of you money wise, the best way is to file a maintenance case, when court will ask him to pay you, he will have no choice and hence if he does not pay, he will be punished by court.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You have to file a Matrimonial suit Under sec. 13(1) of Hindu Marriage Act before the District Judges Court of your competent jurisdiction. In this suit there is no need to present the respondent i.e., your husband. And after that the LD.Court will sent a notice to your husband. If your husband does not appear then you can get the exparte Divorce by the LD. court . And if he appear then you have to point out your actual cause of divorce by way of your Advocate.
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Adv. Tanchan
Chandrokona | 25+ Answers
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You can file a petition for divorce on the ground that you never stayed together. As for the rights you can file subsequent civil and criminal cases against him. You can also get maintenance on the grounds of Domestic Violence Act. And file a case on the light of 498A of Indian Penal Code for cruelty.
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Adv. Prithish Bandyopadhyay
Kolkata | 25+ Answers
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You can file a maintenance case under section 125crpc against yout husband. If you wants to stay together you can file a suit for restitution of conjugal rights. Or you can file a divorce suit against your husband on the ground of desertion and mental torture and cruelty.
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Adv. Sayantan Banerjee
Kolkata | 25+ Answers
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