divorce n alimony

adv.bharat @ PUNE (Lawyer) 05 August 2016

Give notice to them for your legal right i.e. maintenance.

If they don't want to take you at their own home inspite of this then you need to file DV case against ur husband for mental and physical cruelty that he done with you.

What do u want? want to leve with him or not?

Maintenance? or please specify.

adv.bharat @ PUNE (Lawyer) 05 August 2016

Give notice to them for your legal right i.e. maintenance.

If they don't want to take you at their own home inspite of this then you need to file DV case against ur husband for mental and physical cruelty that he done with you.

What do u want? want to leve with him or not?

Maintenance? or please specify.

adv.bharat @ PUNE (Lawyer) 05 August 2016

Give notice to them for your legal right i.e. maintenance.

If they don't want to take you at their own home inspite of this then you need to file DV case against ur husband for mental and physical cruelty that he done with you.

What do u want? want to leve with him or not?

Maintenance? or please specify.

Smita Prasad 05 August 2016

I don't want to be with my husband anymore.. They are playing smart he said th he doesn't want to be with me bt haven't yet send me ny divorce paper. And I want to know the actual actual reason.. For 2 n half yrs he said th he's facing prob so he's not been able to get physical to me and now he's saying th he's completely fine. He's not at all ready to go for the test. In the name of test he's getting violent. I showed my abt motherhood as 34 yrs old. Can I apply for court order so th he can go for the test, as this all started whn asked him to go for the test.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 05 August 2016

In case you wish to severe your ties with your husband, then it would be most appropriate to file a divorce petition against him. Non performance of s*xual relations without any justified cause is a decent ground for divorce as the same amounts to cruelty. Therefore it is important that you act promptly and seek divorce from your husband. In addition to that you must also seek maintenance from him for yourself and your child.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Smita Prasad 05 August 2016

Thank u so much for ur suggestion sir, bt I have one doubt, th as I mentioned I'm married for 3 yrs and for 2 n half yrs my husband is not physically involved with me and the reason he gave is his inability.. I don't have ny child. I don't want to be with him nymore.. Can I get maintanence from him as I'm unemployed and right now I'm residing at my brother's place.. So I don't have ny house also to live.

(Guest)

Not having s*x is valid grounds for divorce, but proving it is another story. Since you don't want to be with your husband, bring elders from both sides and amicably end the marriage through mutual consent divorce. If you go through courts, it might take 10 years, and though you could enjoy maintenance, you will lose your youthful life and also your much wanted motherhood. Since you said they didn't let you in the house, you are entitled to file DV case and get reliefs including maintenance immediately. But I strongly recommend not to take legal route like filing cases includingredients divorce petitions unless absolutely avoidable. They will ruin both your lives. Keep in mind, you need divorce. Try to get it with as little hassle as possible. Let your husband and in laws understand that they will face lot of problems if they don't agree for MCD. Your friends and Lawyers might instigate you to file false cases, apply for interim maintenance etc. But if your main aim is divorce to get married again and achieve motherhood, get ithe in the simplest and easiest way by arriving at an amicable solution. For more guidancexpensive, PM me.

(Guest)

Not having s*x is valid grounds for divorce, but proving it is another story. Since you don't want to be with your husband, bring elders from both sides and amicably end the marriage through mutual consent divorce. If you go through courts, it might take 10 years, and though you could enjoy maintenance, you will lose your youthful life and also your much wanted motherhood. Since you said they didn't let you in the house, you are entitled to file DV case and get reliefs including maintenance immediately. But I strongly recommend not to take legal route like filing cases includingredients divorce petitions unless absolutely avoidable. They will ruin both your lives. Keep in mind, you need divorce. Try to get it with as little hassle as possible. Let your husband and in laws understand that they will face lot of problems if they don't agree for MCD. Your friends and Lawyers might instigate you to file false cases, apply for interim maintenance etc. But if your main aim is divorce to get married again and achieve motherhood, get ithe in the simplest and easiest way by arriving at an amicable solution. For more guidance, PM me.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 07 August 2016

If your husband agrees for a mutually consented divorce petiton, then you may file one jointly and obtain divorce within 6 months. However in case he is adamant in not separating ties, then you may file for divorce based on the aboive mentioned grounds that you enlisted in your query.

Maintenance is a statutory right available to you. Therefore you shall be awarded maintenance in all probability. However the quantum shall vary depending on the facts of the case.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Smita Prasad 11 August 2016

Dear sir I'm in dillema as my lawyer has suggested me to put false allegation of dowry on my in-laws which is not the case.. My case is completely different as mentioned above. I'm worried th this can weaken my case because whn necessary investigation will start I will be proven wrong by thm. I'm not finding it suitable to file false case of dowry on thm. I want to fight my on the above mentioned ground which is I guess is a sufficient enough reason to fight. Kindly suggest is it right to file absolutely wrong case against thm? N how can I approach my husband for mutual divorce? I want to go legal way only at last option. I want my maintenece because I'm unemployed n dont even have ny house.. Right now I'm staying in my brother's house. Kindly help.

Smita Prasad 11 August 2016

Dear sir I'm in dillema as my lawyer has suggested me to put false allegation of dowry on my in-laws which is not the case.. My case is completely different as mentioned above. I'm worried th this can weaken my case because whn necessary investigation will start I will be proven wrong by thm. I'm not finding it suitable to file false case of dowry on thm. I want to fight my on the above mentioned ground which is I guess is a sufficient enough reason to fight. Kindly suggest is it right to file absolutely wrong case against thm? N how can I approach my husband for mutual divorce? I want to go legal way only at last option. I want my maintenece because I'm unemployed n dont even have ny house.. Right now I'm staying in my brother's house. Kindly help.

Smita Prasad 11 August 2016

Dear sir I'm in dillema as my lawyer has suggested me to put false allegation of dowry on my in-laws which is not the case.. My case is completely different as mentioned above. I'm worried th this can weaken my case because whn necessary investigation will start I will be proven wrong by thm. I'm not finding it suitable to file false case of dowry on thm. I want to fight my on the above mentioned ground which is I guess is a sufficient enough reason to fight. Kindly suggest is it right to file absolutely wrong case against thm? N how can I approach my husband for mutual divorce? I want to go legal way only at last option. I want my maintenece because I'm unemployed n dont even have ny house.. Right now I'm staying in my brother's house. Kindly help.

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