Divorce

Querist : Anonymous (Querist) 04 February 2018 This query is : Resolved
can i file a divorce if my husband is staying for the last one year and not contributing any monetary help.I have a son aged 5 years.

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Guest (Expert) 04 February 2018
Consult a good advocate in the concerned Family court and file a Suit for Maintenance for your self and the child.Do not file for Divorce which could be an advantage for your husband. In the concerned court it self you could find "Women;s Legal Aid Forums " and ": Free Legal Aid Forums " you could contact them and they would guide and take care please.

Vijay Raj Mahajan (Expert) 05 February 2018
The grounds for divorce include, desertion by the respondent for 2 or more years and act of cruelty. In your case the husband has deserted for one year only so the desertion of 2 or more years will not apply to your case. As far the act of cruelty is concerned, he has ignored the financial needs of both you and your child for which first of all you need to seek maintenance from him u/s 125 Cr.P.C by filling appropriate petition in the Family Court of the district where you are living, let the issue of maintenance for the time being and permanent alimony and maintenance for longer period be first get settled than only think of divorce from him. The husband himself will come forward for divorce rather your approaching him for it during the proceedings in the Family Court.

Dr J C Vashista (Expert) 07 February 2018
If you are seeking an obligation of experts consideration, analyses, forming an opinion and advise you will have to disclose your identity as per rules.
Otherwise you should consult a local prudent lawyer.

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