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Want to send Divorce Notice to Husband- Pls Help
19-Aug-2023 (In Divorce Law)
I want to get separated from my husband but he does not want to divorce. We have a 2.5 years old son and after divorce I want the baby to be with me as he is too small and he cannot stay without me.
I have been living with my baby but away from my husband from past 2 months. I am not at all happy with him, we are poles apart. I have been trying to adjust with him and his family since the marriage but cant handle the pressure anymore. His family also do not like me. I will be travelling to USA once the world is open again, just waiting to fly with my baby to USA forever, most probably January 2021.
Please guide me on parting my ways from him. We have had several fights and went to extreme level this time. So dont wanna continue ahead.
you want to get separated from your husband but he does not want to divorce you have2.5 year old son and after diverse you want a baby to be with you Chinese to small you are been living with baby from you are not happy with the awpo support his family also you will be travelling to USA once the word is open please guide
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Adv. Vivek Mishra
Allahabad | 500+ Answers
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on the above mentioned query please file immediately a suit for domestic violence under section 12 DV act . and thereafter file a divorce petition under section 13 Hindu Marriage Act on the ground of severe domestic violence . feel free for your child because your child is aged about 2.5 year and the court grant custody of the child to the mother. after the 11 years of age of your child , the biological father can file a plaint for custody of the child under guardian ship and wards act .
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Adv. Ankit Gupta
Lucknow | 400+ Answers
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I have seen your query carefully and found that you want divorce from your husband due to compitable issue. you have tried your lavel best to adjust but your husband and other inlaws are not understand you and all the time harrass you. Madam according to Hindu Marriage Act there are two ways to obtain divorce.
1. Divorce on mutual consent basis under section 13 B of Hindu Marriage Act
2. Contested Divorce under section 13 A of Hindu Marriage Act.
But for contested Divorce you have to fulfill the requirements and conditions of the ground on which you want to get divorce. in hindu marriage act. there are several grounds given on which you can get divorce but you have to prove all'the allegations through the evidence. The most common ground of divorce is Cruility. But proving Cruility you have to file police complaint against your husband and other inlaws. further you have to file a petition under section 12 of domestic violence act . it is better to discuss your matter with me so I can provide you proper solution to your problem. you can contact me through the administrator of this website
1. Divorce on mutual consent basis under section 13 B of Hindu Marriage Act
2. Contested Divorce under section 13 A of Hindu Marriage Act.
But for contested Divorce you have to fulfill the requirements and conditions of the ground on which you want to get divorce. in hindu marriage act. there are several grounds given on which you can get divorce but you have to prove all'the allegations through the evidence. The most common ground of divorce is Cruility. But proving Cruility you have to file police complaint against your husband and other inlaws. further you have to file a petition under section 12 of domestic violence act . it is better to discuss your matter with me so I can provide you proper solution to your problem. you can contact me through the administrator of this website
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Adv. Rajeev Srivastava
Ghaziabad | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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