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Procedure to take divorce from husband if things are not working well


14-Aug-2023 (In Divorce Law)
I am a hindu women.. My marriage has completed 12years and have a daughter of 10years old but from last three years i am residing in my parents house.. And my daughter is living with her father ! I want to get seperated so that he could not trouble me any more in future and i dont want any allumani from him nor want to pull my daughter in between us ... If my daughter is happy to live with her father i dont have any problem.. But now i want to get seperated from him so that he could also live his life and i could also... Kindly suggest me what to do and how to do as we have no marriage proof of getting marrired to each other ... We didnt married in temple nor in court...
Answers (5)

Answer #1
872 votes
you can definitely get divorce from your husband, but for the better adjudication of the case you will have to contact me for better understanding of the case after the formalities done by the team lawrato.com..
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Answer #2
956 votes
well technically u r free. and since you donot claim your daughter custody or want any alimony its better u do nothing .....that would be my personal opinion. but if u want a decree of divorce u Can initiate a proceeding to annul the marriage as u apprehend a future dispute.
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Answer #3
962 votes
Hi,

Firstly, kindly let me know how the marriage was processed between the two of you. Then if you and your husband do want to get divorced then you can apply for mutual divorce in the family court of your hometown.

Regards
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Answer #4
718 votes
Cohabitation as husband and wife in the society is the best proof of your marriage and your daughter born due to the nuptial not of both of you. Now if you want to separate from your husband then you can file divorce petition against your husband either u/s 13B or 13(1)(ib) of H M Act 1955. Also you may consult with a lawyer or with me.
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Answer #5
981 votes
Mam, you don't need to worry about proof. Your daughter is the biggest proof. You can get judicial separation or divorce from your husband without affecting you relationship with your daughter. So don't worry. Please contact me for the court procedure or for any assistance.
Regards.
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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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