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Wife is Planning for divorce but husband may not give his consent
13-May-2025 (In Divorce Law)
Marriage took place more than two years ago in January, 2023 at Etawah, UP. Marriage Certificate not available but photographs are available. Both are working in Delhi. Boy may not provide his salary slip and income tax return details. ID proof of boy may also not be available. Need to plan how the required documents be obtained for framing case for filing before the court in Dwarka, New Delhi. Presently, both are staying in Noida.
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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At this preliminary stage, obtaining the boy's salary slips or income tax returns is not essential, as the court will, in any event, require him to submit a detailed income affidavit once the case is filed. That said, it is important to carefully examine the girl’s documents and other relevant materials to assess the appropriate jurisdiction. Prima facie, however, it appears that the matter may fall within the jurisdiction of the Noida Courts rather than Dwarka.
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Adv. Garima Sharma
Delhi | 25+ Answers
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Hello,
The husband can be compelled to produce his documents and details of assets, income etc upon an affidavit ( on oath) by the Court, in appropriate proceedings.
We can help you file the case and take this forward. Please feel free to reach out.
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Adv. Nishtha Agarwal
Delhi | 25+ Answers
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if you want to file divorce petition . you can file the ground mentioned under section 13 of hindu marriage court . the process to obtain documents , you can file an application to submit the mentioned documents.
the process is very simple
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Since the marriage took place over two years ago and both parties are currently residing in Noida, a divorce petition can be filed before the Dwarka Family Court under Section 13 of the Hindu Marriage Act, if mutual consent is not possible. In the absence of a marriage certificate, photographs, invitation cards (if any), or affidavits from witnesses can help establish the marriage. For income and employment details of the boy, even if he doesn't share documents voluntarily, the court can summon such records during proceedings. His PAN/Aadhaar details can help trace this. To proceed further, you may need to gather basic ID/address proof of the parties and any available proof of marriage. Let me know if it’s a contested divorce or mutual consent so I can guide on documentation accordingly.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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