Divorce

Originally posted by : manjushree thapa
	i have been seperated for more than 2 yrs, if seperated means not having a marriage and living seperately for 2 years. i had filed for divorce under dv act and my fmily n husband made me withdraw after emotional blackmail, and also saying i ll get a mutual divorce. even after almost 2 years he doesnt give me mutual divorce. i ahve a daughter of 6 yrs and want her custody too. what are my rights if i have started seeing other person?

You are living apart from 2 years (I think on your own wish as you need Divorce, your husband doesn't)

You are looking for other Person and still want to know about your rights..

Great !!

You are not entitled for any answers / comments here...so better search for any corrupt lawyer..you will find many in the courts which takes the women cases in terms of % share from settlement/maintenance amount as a blackmail to husband and in laws

1. Ideal would be to sit again with your husband and decide for once on Mutual Consent divorce and intention to file one soon and let law takes its own course and maximum 6-8 months you will have divorce decree via mutual consent route to start fresh. During discussion with husband on mutual consent divorce discuss about child custody - visitation arrangements too. If matter is struck due to custody issues then mutual consent is not the right route. Then you have to file divorce using grounds available as per parties personal law and a Petition for custody of minor of parties. DV Application cannot be filed again as it may get barred by principles of res-judicta. 
2. If you have started seeing another person in a subsisting marriage then you can only set limits to be just friends and not project your relationship as husband and wife before the society till decree in divorce is in hand.

Hence try talking to husband again taking help of neutral family - friend mediators. 


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