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My bua signed a paper of divorce


11-Oct-2023 (In Family Law)
Q. Sir my cousin bua is living in Jaipur but in February she married somebody who was from Jalandhar , she find him on dating app and then she married him but they was so rich and my bua was not that much rich . And After that when my bua mother in law saw his house she was not ready for marriage, but somehow she married, she lived 5 months there with just 4 suits ( Punjabi lapse) and when she said for more suits his mother in law denied and then his husband my mother and sister is hurting you so much so i want divorce with your consent, but my bua is so simple, she signed on papers and there is no property for her, so what can we do, because my bua is depressed she don't want file a case against him, sir tell me law related to it and what can we do to get his property or money so they can live happy bec she was mentally and emotionally hypnotise by her husband who was so bad from inside, Thanks Sir, help me I'm so puzzled
Answers (3)

Answer #1
774 votes
Hi Madam, There are situations when a person signs a paper under duress/ force/ pressure Your aunt (bua) can take such recourse and challenge the signatures For more details please call for further clarification on the issue Thanks Adv Dr Preeti
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRato Panchkula | 400+ Answers
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Answer #2
858 votes
If she want to live with her then she can go for section 9 of HMA जिसे हम ghar bsane का मुक़दमा bolte h... She can also claim maintainance and share in property... She can also file an FIR if her husband family members harrasing her
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Advocate AK Rohilla

Adv. AK Rohilla

LawRatoRohtak | 100+ Answers
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Answer #3
908 votes
Hello your bua can file case under 125 crpc for maintenance as it is her legal right to receive maintenance from her husband. She should also file a complaint to women police station for domestic violence and obtain a restraining order so that her husband and his family members do not harass her and commit any domestic violence or abuse. If she is deserted she should also file a petition under section 9 of HMA for restitution of conjugal rights.
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Advocate Ranbir Singh

Adv. Ranbir Singh

LawRatoFaridabad | 25+ Answers
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