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What is the procedure and requirements for filing contested divorce
06-Jul-2023 (In Divorce Law)
In case of mental cruelty uncontested divorce, Can it be filed immediately just after mental/physical abuse ? or should it wait like 6 months/1 year of separation like in mutual divorce cases ? I guess in uncontested cases, its anyways not possible to stay together, but if the husband does not allow you to leave or file for divorce, Whats the way out ?
No, you can file a case against your husband for mental cruelty as and when the circumstances arose but as far the divorce is concerned you need to satisfy the court that you tried to be in the marriage but failed due to husband's cruelty and get the divorce.
If your husband is not allowing you to file a divorce then it's better to take help of women cell they will guide you for this
If your husband is not allowing you to file a divorce then it's better to take help of women cell they will guide you for this
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Adv. Deepika Tiwary
Delhi | 25+ Answers
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Yes, it can be filed immediately, no need to wait for 6 months or 1 year of separation. If the husband does not allow to leave or file for divorce then first action to be taken by you should be to call police immediately and register a complainant against the culprits under relevant provisions of IPC and thereafter seek protection. Complainant under DV act can also be filed if the abuse is such. There are various remedies under law for the same. You can opt all or any as per your grievance.
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Adv. Nihit Dalmia
Delhi | 25+ Answers
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If you have decided to take a divorce cruelty does not put a limitation in years however if you want to stay together you can file a section 9 for restitution of conjugal rights and otherwise for maintenance
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Adv. Palak Nenwani
Delhi | 100+ Answers
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