Is it possible to take divorce without my husband notice? He won't divorce me and if he comes to know that i am going to leave him, he may blackmail me by torturing our daughter.
pratham (Tech Support) 06 December 2010
Is it possible to take divorce without my husband notice? He won't divorce me and if he comes to know that i am going to leave him, he may blackmail me by torturing our daughter.
Uma parameswaran (lawyer) 06 December 2010
No. Your grievances also can bring before the Court..
N.K.Assumi (Advocate) 06 December 2010
No and a Big No, unless you do not know your husband whereabout. If you know your husband is around you have to obtain his signature in the petition that you filed in the court.
Adv Raj (High Court) (Advocate) 07 December 2010
Divorce can be obtained withuot your husbands signature. .
but for that you will have to prove that he mentally and physically tortures you and your daughter.,
You can file a case against Dowry , that he is still asking for dowry and a huge amount,which was once paid.
Raj
Bhaskar for SOCIAL JUSTICE (Legal & Social Activist) 07 December 2010
What are your charges against your husband.
Please write complete details and try to file any false case against him or his family members as courts are very seruious in such cases and you may be in trouble for false cases.
If your allegations are true then you may file the case.
Kirti Kar Tripathi (lawyer) 07 December 2010
what is your intention, why divorce with notice? even you got divorce any how withot notice, it will be set aside, after coming knowledge of your husband.
MALLIKARJUNA SHARMA (ADVOCATE) 12 December 2010
No, Pratham, notice to your husband is absolutely essential. However, you can go to family court directly without first issuing a legal notice to your husband and also ask for interim relief for protection of your child and yourself from torture and violence by your husband pending disposal of divorce proceedings. Anyway it will be better for you to take away your daughter along with you to your maternal home or so before starting the proceedings. But notice to husband is essential even about court proceedings and your case may not be numbered until the notice is served or if numbered proceedings stalled at 'issue notice' stage.
MALLIKARJUNA SHARMA (ADVOCATE) 12 December 2010
No, Pratham, notice to your husband is absolutely essential. However, you can go to family court directly without first issuing a legal notice to your husband and also ask for interim relief for protection of your child and yourself from torture and violence by your husband pending disposal of divorce proceedings. Anyway it will be better for you to take away your daughter along with you to your maternal home or so before starting the proceedings. But notice to husband is essential even about court proceedings and your case may not be numbered until the notice is served or if numbered proceedings stalled at 'issue notice' stage.