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Want to leave my house after 14 years of marriag
29-Sep-2025 (In Divorce Law)
I am in a loveless and lifeless marriage since last 14 yrs, have a daughter of 12 yrs, mature enough to handle situations, i want to move out of this house now, as now it is getting suffocating to live a life where u have no happiness, treated just like an extra piece of furniture, which is of no use, finally want to live for myself. Want to get out of the sucidal thoughts and give my life a chance with a friend of mine. If i leave the house silently and apply for divorce, is it a crime?
no, if you leave the house silently and file for divorce
this is not a crime.
you can file for divorce on the basis of cruelty, the respective will be filed before the family court court judge of the concerned district court
warm regards
Rahul Kumar Singh
advocate
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Adv. Rahul Kumar Singh
Adv. Rahul Kumar Singh
Delhi | 50+ Answers
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Leaving a marital home and applying for divorce is not a crime in itself. Indian law permits you to seek divorce if the marriage has irretrievably broken down due to cruelty, desertion, or other valid grounds. You can move out if you feel unsafe or suffocated, but ensure your daughter’s welfare is secured as her custody and maintenance will be considered by court. Do not take any extreme steps—apply legally for divorce (mutual consent if both agree, or contested otherwise). Courts protect your right to live with dignity. Choosing your happiness and filing for divorce is your legal right, not a punishable act.
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Dr Ajay Kumar Pandey
Dr Ajay Kumar Pandey
Delhi | 100+ Answers
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Leaving the matrimonial home is not a crime in India. You have every legal right to live separately if the marriage has become unbearable for you. However, it is advisable that before moving out, you inform your spouse in writing (through notice or message) to avoid allegations of desertion later during divorce proceedings. You can apply for divorce on valid grounds such as cruelty, mental harassment, or irretrievable breakdown of marriage. Custody and maintenance rights for your daughter will be decided by the court in her best interest. Please do not feel compelled to tolerate a situation that affects your mental health. Filing for divorce and living separately is within your rights and not a criminal act.
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Adv. Preena Kashyap
Adv. Preena Kashyap
Delhi | 25+ Answers
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No , it's not a crime to apply for divorce without informing your partner. I understand, how you must be feeling, it's of course difficult to live in such an environment but we need to understand all the grounds on which we can file divorce. For better understanding it's always good to get legal advice. We can connect over a quick call.
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Adv. Vishali Verma
Adv. Vishali Verma
Delhi | 25+ Answers
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While Indian law does not require a wife to inform her husband before leaving the matrimonial home, it is advisable for her own legal protection to document the reasons for her departure, and, if possible, communicate them through written means or legal notice. The law recognizes a woman’s right to live separately from her husband if she feels unsafe or is experiencing mental cruelty, and in such cases, she can seek relief under the Protection of Women from Domestic Violence Act, 2005, as well as claim maintenance under Section 125 CrPC. Contact for further information 8-3-7-7-0-5-1-6-7-5
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Adv. Paras Mahalwal
Adv. Paras Mahalwal
Delhi | 50+ Answers
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