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Procedure to file for divorce


30-Mar-2023 (In Divorce Law)

I am a 28 years old working woman married recently. I am not happy with my marriage.I was not willing to get married but agreed due to parents' compulsion.Now I have come to know that the character of my husband is not good as he is involved in relation with other women.As a result, I don't want to continue my relationship with him.Please tell what can I do to come out of this relationship.What is the procedure to apply for divorce? Secondly, I don't want to indulge in any physical relationship with my husband.What can I do to stop him if he forces himself upon me?

Answers (7)

Answer #1
791 votes
Hello mam. First if we want divorce, we have to file divorce petition in the court in the specific jurisdiction. We need to file case in the court of the competent jurisdiction and then after after the order by the court you can get the divorce on the specific ground mentioned in the petition.
Rgds
Richa sharma
Advocate
Advocate Richa Sharma

Adv. Richa Sharma

LawRato Delhi | 25+ Answers
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Answer #2
705 votes
Hi, for filling divorce, you hv to wait for one year aftrr marriage, u r claiming cruelity and extra marital affairs of the husband for that first you hv to complete the period of one year and side by side you hv to file a criminal case against your husband
Advocate Manoj Kumar

Adv. Manoj Kumar

LawRatoDelhi | 200+ Answers
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Answer #3
947 votes
You need to file a petition before the family court asking for divorce on cruelty grounds as stated by you..in that petition only u can ask for injunction from forcing ur husband on u...you can also file a case for domestic violence... Ur allegations should b properly supported ..by sufficient evidence to stand on its legs
Advocate Ashutosh Dubey

Adv. Ashutosh Dubey

LawRatoDelhi | 100+ Answers
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Answer #4
682 votes
If you don't want to live with your husband can approach to the court by filing a divorce petition. After satisfying the judge , he will sign on first motion divorce and after six month second motion. When the second motion divorce takes place you both are free to remarry with some other person. As far as the physical relationship, you have every right over body and soul. No court can compel you to sleep with that man whom you don't want to. Don't. Worry. All the best for your case.
Advocate Atul Patni

Adv. Atul Patni

LawRatoDelhi | 200+ Answers
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Answer #5
960 votes
Dear client first file complaint with women cell of police under sec 498 a of criminal procedure code. Then file case for domestic violence for mental harassment. After that file divorce on the ground of cruelty. For any legal help call me

Adv prasad patil

Pune
Answer #6
849 votes
Parties can Either Go for Mutual Consent. In Case of one PArty interested in Divorce , he need to File Divorce PEtition against Spouse. You can get divorce. In Case of Divorce by One PArty , it required atleast 2-3 years.
Answer #7
839 votes
Hi,
You can issue legal notice to him either for reunion or divorce or claim everything under domestic volience act, you have to decide it after consulting Advocaten then file appropriate proceedings.
Or if u both agree can file divorce petition mutually.
Regards

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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