Separated for 5 Years due to Domestic violence, Now need divorce

746 votes

Namaste, Where are you from ? in which city you file the cases of Domestic Violence and Dowry case ? what is the status of Domestic Violence case and Dowry Case ? your husband is also ready for divorce? you can file 13(1) file petition.

Advocate Khevna R Reshamwala LawRato

953 votes

At first, You haven't mentioned, in which village/town/city have you and your husband last resided together with cohabitation under the same roof. This information is essential to determine whether you'll need to file it in your current City or not. Secondly, your non contact with husband doesn't allow you to file for divorce on mutual grounds so you'll at least need his Indian address to serve the summons notice at the beginning of any legal proceedings of divorce. If you fail to bring it to his notice that you've filed divorce Application, you'll have to wait for another two years before you get a divorce decree. There are recent judgements of Hon'ble Supreme Court that divorce maybe granted under special circumstances but those reasons needs to be discussed in details after knowing all your facts and reality as of now. You'll also have to prove it to the satisfaction of the Court that you're not in receipt of any communication or news from your husband even from his relatives. You maybe asked to call his relatives in Court and if they also depose that they've not heard of him for past 5-7 years, you're legally eligible to secure a favourable divorce decree on ground (vi) if you're having Hindu faith. In other cases, the duration changes with applicable laws. This is a topic of discussion. So feel free to connect with the appointment for consultation. Thanks for reaching out.

Advocate Soham Desai LawRato