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Want advice for divorce. What are my legal options ?
01-May-2023 (In Divorce Law)
My husband is not willing to stay with me where he is staying at present and forcing me to stay with my in-laws. He is having extra-marital affairs and he was also involved in domestic violence issues. So I have been living with my parents since 8 months. Now he is not ready to sign divorce papers. What should I do? Please help me.
A mere extra marital affair does not amount to cruelty, court said. If the wife refuses to stay with the husband's family, yes it is a valid ground for divorce, file a maintenance case where he will have to pay you maintenance every month. Need to discuss in detail.
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You file for an initial judicial separation and thereafter file for a divorce on the grounds of adultery and cruelty as you are aware of extra marital affairs and also for desertion. If you are married for less than 7 years you can also file an application under 498a of the Indian penal code.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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First of all be sure if you want divorce or not. And if you are sure about it then all you need to do is file a divorce petition in court through a lawyer.
In this divorce application state all your grounds for seeking divorce. As you have mentioned that you doubt your husband might be having an extra-marital affair and there have also been incidents of torture, these reasons are good enough to seek divorce.
Since it will not be a mutual divorce, there will be contest and if the judge is convinced by your submissions, you would be granted divorce.
In this divorce application state all your grounds for seeking divorce. As you have mentioned that you doubt your husband might be having an extra-marital affair and there have also been incidents of torture, these reasons are good enough to seek divorce.
Since it will not be a mutual divorce, there will be contest and if the judge is convinced by your submissions, you would be granted divorce.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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If your husband is not willing to sing divorce paper then why you should not file Divorce Petition against your husband solely. You have right to file Divorce against your husband if you are not willing to stay with him or you know that he have extra marital relation.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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