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Want to separate from husband/ confused about divorce
18-Sep-2023 (In Divorce Law)
I am a Hindu girl, got married in 4 yrs back have 6 months baby.
When I was getting married I knew my husband doesn't have a house of his own and lives with parents and brother. Whereas I am from a well to do family. My husband promised that we would live separately for few years. After marriage his mother didn't let us move out and harassed us/me a lot... and also I realised he cannot speak up in front of his parents. Day by day our relationship got worsened and eventually I left the house after an year. Then husband also came to live with as we requested his parents to let us live together. But somehow over the years due his parents interference and husband's irresponsible behaviour towards me relationship got worse and now after baby more things happened. Basically m feeling a lot mental pressure living with him.
When I say I want divorce he fights with me abuses me but doesn't takes it seriously.
I don't know what to do as he is forcing me to live with his parents and if I dont
if you want to remain in the matrimonial relationship, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, etc
maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if, failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc)
you have rights to claim residence, protection, compensation, etc
maintenance,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding
Helpful?
11+
11+
Adv. Suneel Moudgil
Panipat | 200+ Answers
CONTACT NOW
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Wife wants to live separately
Hello if you are not coming to an amicable solution I suggest you to meet a qualified marriage counsellor or an lawyer to discuss the problem. However regarding domestic violence you can file complaint in the court. after discussion over facts and events appropriate line of action can be formulated.
Helpful?
16+
16+
Adv. Ranbir Singh
Faridabad | 500+ Answers
CONTACT NOW
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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