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20-Jan-2023 (In Divorce Law)
My Husband who does not earn anything and I am working. Its been 9 years of mental and physical torture that I have been going through. I have a 6 year old son. Mybhusband and mother in law have been asking me to leave the house with my son and wants to end this marriage. He is not willing to take any responsibility of my son post the divorce. I am from Mumbai and he is grom Gurgaon. I have following questions : 1. Does he have no financial responsibilty towards me and my son if I leave the house. 2. Since the marriage happened in New Delhi, can the divorce be filed from Mumbai or is it mandatory to file the divorce in Delhi itself.
Answers (5)

Answer #1
993 votes
Yes, he have financial responsibility towards you and your son if you leave the house and you can file divorce on the grounds of cruelty under section 13 of Hindu Marriage Act. File for divorce on grounds of Mental Cruelty. Husband refusing to work maintain his wife and children amounts to mental cruelty. seek sole custody of your son. Yes , you can also file the divorce from Mumbai as you are the resident of that place.
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Advocate Nitanshu Sharma

Adv. Nitanshu Sharma

LawRato Gurgaon / Gurugram | 200+ Answers
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Answer #2
924 votes
Hello mam myself advocate Sachin Yadav practising dost Ko Gurgaon and for your first question it is advisable that our your husband is not responsible to maintain you if you were earning Oman but your husband has legal liability to maintain the expenses of his son and you can file maintenance for your son. Number two it is advised to you that if you were living in Mumbai you can file divorce petition in Mumbai also and you have choice to file petition in Delhi also or in Gurgaon if you want to file any litigation in Gurgaon or 1 to defend and litigation Ulla you can contact me on my mobile number thank you
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Advocate Sachin Yadav

Adv. Sachin Yadav

LawRatoGurgaon / Gurugram | 25+ Answers
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Answer #3
930 votes
1. If your earnings are suffiecient to take care of you and your child then you cannot claim maitnenance from your husband. 2. after divorce if your husband is not earning then he is liable to pay you alimony and maintenance from his property. 3. petition for divorce can be filed at the place where the husband and wife resided or are residing. 4. you should file a complaint in delhi. 5. Also you can file a complaint of CRUELTY by husband and your in-laws.
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Advocate Sonit

Adv. Sonit

LawRatoHisar | 50+ Answers
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Answer #4
623 votes
If u r earning more than yiur husband then u r not maintainable to take maintainance from yiur husband but your husband is liable to maintain your son he can't deny from that he have to maintain him or you can file divorce case from anywhere u want to... You can reach me out for more information.
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Advocate AK Rohilla

Adv. AK Rohilla

LawRatoRohtak | 100+ Answers
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Answer #5
823 votes
Hello mam You can file divorce in mumbai as well as in new delhi also You can contact me over phone call or whats app for further assistance or advice. Thank you Regards Advocate Kuber Hooda Punjab and Haryana High Court
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Advocate Kuber Hooda

Adv. Kuber Hooda

LawRatoPanchkula | 700+ Answers
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