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Want to file for mutual divorce as there is nothing left in marriage
18-Mar-2023 (In Divorce Law)
I got legally married on 13Mar 2017 however I never reside in his house as our social marriage not done. After registration I have noticed that his behavior is very rude towards me and my family. They also demanded a flat while our date for social marriage going to fix. So I decided nt to stay with him and everything got died from my end..he also said that he will going to give me divorce very soon. But nw I want divorce but he is saying that he will not going to give me divorce at any cost.. What should I do? I want mutual one but he is nt ready. So I have to file divorce case in the court.. But lawyer's fees are very high which I cant afford.. Is there any law that force him to pay my lawyer's fee or any type of alimony that I can get from him once I file case against him?
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent. Otherwise you can file a contested divorce petition. And you can file a case under section 24. of the Hindu Marriage Act, Maintenance pendente lite and expenses of proceedings
Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
And without detail discussion proper consult is not possible.
Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
And without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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yes there is a way out for this. you have to file a case against him and you can claim the proceeding fees along with alimony from your side. it is a very good and fine matter. i must suggest you to move further with this.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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It is unfortunate at the same time good since you understood him prior. However, if he is not agreeable to give you divorce, the divorce on mutual consent cannot be done, you will have to approach for contested one. While lodging a case for divorce you can take the assistance from the Legal Services Authorities of India who provides free legal aid, else you can file the divorce case and also file a case for alimony pendente lite with it which provides for financial support to the wife pending the litigation and it also provides for a consolidated amount as litigation cost. All the best. Regards
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Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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As your marriage is not consummated then you can file a case before the Learned District Judge declaring the marriage as null and void. As it is not consummated you cannot get any alimony because it is one of the essential conditions of a valid marriage.
Thanks.
Thanks.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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