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want to file divorce living separated from last three four years


18-Jan-2023 (In Divorce Law)
Hi, I am 39 yrs old lady. Got married in 2002 . Mother of two boys who are living with there father right now. I want to know about my rights . Can you please help
Answers (4)

Answer #1
543 votes
you can file for divorce under section 13 of hindu marriage act or mutual divorce under section 13 B. you can also seekfor maintenance from husband and seek custody of children (if you want) as per Hindu marriage act.
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Advocate Ashmita

Adv. Ashmita

LawRato Delhi | 25+ Answers
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Answer #2
944 votes
If you want to file a divorce then you need to first send a legal notice to your husband and if he agrees to a mutual consent divorce then you can file the same and get everything settle within a short span but if your husband doesn’t agree to the same then you can file a contested divorce. You can also file a suit for maintenance for your two boys and yourself as your husband is obligated to maintain you all. In order to know your rights in great detail please feel free to contact for further legal assistance.
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Advocate Jia Kapur

Adv. Jia Kapur

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Answer #3
914 votes
You can apply for divorce at your own instance or may approach your husband for a mutual divorce since you have been living separately for 3 years, as there is a mandatory seperatuon period of 1 year prescribed by law. You can claim maintenance from your husband, subject to conditions which will be clear after knowing the entire case.
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Advocate Shrutika Garg

Adv. Shrutika Garg

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Answer #4
739 votes
In what regards you want to know your rights. If you are thinking towards getting divorced then you can always file for it and claim maintenance every month or a lump some alimony. You can also file for child custody if your children are not with you.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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