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What to do if my husband is torturing me and not giving divorce
17-May-2023 (In Divorce Law)
Mera naam Riya hai.. Mera ek 1year 2 months ka daughter hai. Main apni huaband se mutual divorce chati hu, par wo dene se mana kar raha hai.. I m suffering from mental torture..mujhe apni beti ki custody chahiye. So plz help me.
For any kind of torture u may file criminal case u/s 498A IPC and u may also lodged complainant under domestic violence Act. You have right to claim maintenance from ur husband.if your your husband is not willing to dissolve your marriage on mutual consent ,u have right to file contested divorce.
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Adv. Debasis Mitra
Kolkata | 50+ Answers
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Mutual Divorce can be obtained provided both parties agree. If your husband does not agree to mutual divorce you can file for divorce on grounds of cruelty. Upto 5 years child custody remains with the mother , above five years custodial right is with the husband. Then you have to cite reasons and give undertaking by showing that you have income that you can independently meet the expenses of the daughter. But the fight will be long. It is better you find out means to make your husband agree to file mutual divorce. But before filing mutual divorce you must show that you have lived apart for at least one year.
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Adv. Dr. Saibal Chandra Pal
Kolkata | 50+ Answers
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Mam you are in trouble.So if you want divorce you should follow procedure of divorce.You should stay seperated from your husband for 6month then apply for divorce and custody of your child.So if you are not interested to stay with your husband consult advocate.
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Adv. Tapobrata Guha
Kolkata | 25+ Answers
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If you want divorce, you have to fight a case in the court against your husband and you have to contest it. If you want the custody, you have to file a case for grant of custody of child in your district court
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Adv. Sauptik Mitra
Howrah | 25+ Answers
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You have to file a case of maintenance and 498A against your husband..to create pressure upon your husband..pressure dene se apka husband mutual divorce dene ke liye raji hoga..you have to contact immediately woth me for further details
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Adv. Anirban Chanda
Barrackpore | 25+ Answers
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