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Wife's Legal & Financial Rights in Divorce
25-Sep-2023 (In Divorce Law)
Hi. I'm a Hindu Sales Professional married and living in Mumbai since the last 15 years. I faced problems from my husband when I started working again after a 6 year break due to motherhood. He was jobless for 2.5 years when I got a job.
I left my home with my 5.5 year old son due to his harassment in July 2014 and have been living separately since 2+ years. I have been talking to him about filing a divorce with mutual consent with him giving me my share of our joint property and maintenance for our child. He has given neither nor agreed for a divorce. I lost my job in Jan '16 but he has not given any financial support. I have given him access to our child till now and send him to his father each Sat.
I would now like to file for divorce from my maternal city Baroda where I plan to relocate next month.
What are my financial rights and legal rights for child custody?
How much time will it take for the court to grant me a divorce?
When can I get an interim maintenance?
Hello, You can file divorce under the provisions of Hindu Marriage act as well other Act, as far as custody is concern you have it, maintenance he is liable to pay as per the law and according order by the hon'ble Court. Please note that maintenance is subject to merit of the case. Time can not be committed, but you can refer section 21 B of Hindu Marriage Act, 1955. Detail Consultancy can only be given after knowing entire facts of the case.
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Adv. Rajiv Rajpurohit
Ahmedabad | 100+ Answers
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You can file divorce petition and interim maintenance petition for you and your child from Vadodara.
You can file divorce petition on basis of cruelty and abandon you and your child without any reason.
It will take time to grant divorce petition,
If your child is more than 5 years then you should file grant a custody and Gaurdian for your child.
Your interim maintenance application can be grant after reply of other party.
You can file divorce petition on basis of cruelty and abandon you and your child without any reason.
It will take time to grant divorce petition,
If your child is more than 5 years then you should file grant a custody and Gaurdian for your child.
Your interim maintenance application can be grant after reply of other party.
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First whr u married thr only u can file a divorce case and for interim maintenance u have to hire a lawyer and he will help u to do , secondly don't give ur child to meet ur husband as he will brain wash his mind
Helpful?
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Adv. Jharna Jadwani
Vapi | 100+ 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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