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Legal separation without divorce or any case
01-Sep-2023 (In Family Law)
I want to leave my alcoholic husband. don't want to fight any case. can I leave my matrimonial house taking all my belongings.can my husband object on taking my things?
Mam you were married to your husband following all the customs and traditions and your marriage might have also been registered, you cant just leave like that taking all your belongings but if at the time of your marriage you and your family gave dowry to your husband and a list ovfarticles was prepared and there must have been photographs and bills proving the same. Therefore you can claim for maintenance along with it you can take your articles but you will have to file a case for the same.
Helpful?
Absolutely you can leave your alcoholic husband, there is no bar in it. Alcohol intake by spouse results in marital problems. The divorce rate among heavy drinkers is high and the wives of such men are likely to be anxious, depressed and socially isolated. And substance abuse is a valid ground for divorce in India. You are well within your legal rights to leave your husband, along with your belongings and it can be a valid ground for judicial separation as per HMA and if your husband is earning good you can claim maintenance also. His acts also comes under the preview of Domestic violence act.
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Adv. Rajnish K Singh
Delhi | 25+ Answers
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Yes as per Hindu marriage act a wife or a husband can seek judicial separation from the court by filing a petition under section 9. It is a step before divorce. You may consult us with all the information. We will guide you legally.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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